Deprivation of Liberty Safeguards (DoLS), in plain English
When someone's freedom is taken away to keep them safe, the law says it must be authorised, checked and kept to the minimum. And being under DoLS must never mean giving up an ordinary, meaningful life.
The Cheshire West "acid test"
The Supreme Court (P v Cheshire West, 2014) said a person is deprived of their liberty if they are under continuous supervision and control, not free to leave, and lack capacity to consent to the arrangement. It applies the same whether care is wonderful or poor — kind intentions do not remove the need for authorisation. It also confirmed a crucial point: the comparison is with what a person of the same age without disability could do — not with other people in the same placement.
1. Under continuous supervision and control
Staff check on the person constantly, decide where they go, who they see and what they do — even kindly, even for good reasons.
2. Not free to leave
The person cannot leave the home or hospital to live where and with whom they choose. If they tried to leave permanently, staff would stop them.
3. Lacking capacity to consent
The person cannot decide for themselves about the arrangements. If both tests above are met and the person lacks capacity to consent, this is a deprivation of liberty and needs legal authorisation.
The principle that matters most
People under DoLS still have the right to normal, ordinary lives.
Safeguards protect rights — they are not a licence to restrict
DoLS exist to check that restrictions are necessary and proportionate, not to make a restrictive life acceptable. The question is always: could this person's life be freer and more ordinary, safely?
An ordinary life still matters
People under DoLS still have the right to friendships, hobbies, holidays, worship, work or volunteering, relationships, and time out in the community. Boredom, isolation and 'institutional' routines can themselves be evidence that a placement is not in the person's best interests.
Compare with peers, not with other residents
The courts ask what someone of the same age without a disability would be doing. A 25-year-old under DoLS should have the chance at the things other 25-year-olds have — not just what the care home timetable offers.
Family contact is part of ordinary life
Stopping or limiting visits, phone calls or time at home with family needs clear justification and best-interests reasoning. Blanket 'no contact' approaches are a red flag and can be challenged.
Raise it at reviews — and sooner if needed
If life is narrowing (activities cancelled, fewer trips out, less family time), put it in writing to the care provider and the DoLS supervisory body, ask for a review of the authorisation, and consider an s.21A Court of Protection challenge through the person's RPR or an advocate.
How authorisation works
Urgent authorisation
A care home or hospital (the 'managing authority') can give itself an urgent authorisation for up to 7 days (extendable to 14) while it applies to the local authority or health board.
Standard authorisation
The 'supervisory body' (local authority or health board) arranges assessments, including a best-interests assessment. Authorisation can last up to 12 months, with conditions, and must be reviewed.
Relevant Person's Representative (RPR)
The person must have an RPR — often a family member — plus access to an IMCA where needed. The RPR can trigger reviews and challenge the authorisation.
Community settings and 16/17-year-olds
DoLS only apply in care homes and hospitals. Deprivations in supported living, shared lives or the person's own home — and for 16/17-year-olds — must go to the Court of Protection for authorisation instead.
LPS reforms: what is changing
The Liberty Protection Safeguards (LPS) were passed in 2019 to replace DoLS, but implementation has been delayed and the government has said LPS will not be brought in during the current Parliament. DoLS remain the law you use today. We keep this page updated — check back before relying on reform timelines.
Worried a person's life is shrinking?
Use our tools to record what is happening and decide your next step — including placement changes, best-interests meetings and Court of Protection challenges.
This page is general information, not legal advice. DoLS apply in England & Wales; Scotland and Northern Ireland have different deprivation-of-liberty processes.