When a person's freedom is restricted to such an extent that they are considered to be deprived of their liberty, this needs to be scrutinised and formally authorised if it is to be lawful.
The Deprivation of Liberty Safeguards (DoLS) is a legal process, introduced for this purpose, via an amendment to the Mental Capacity Act 2005.
In some circumstances, DoLS can be used to check whether restrictions placed upon an adult, staying in either a care home or hospital, are necessary, proportionate and in their best interests.
The adult must lack the mental capacity to consent to their accommodation, care and treatment as a consequence of a mental disorder. The restrictions must be thought likely to constitute a deprivation of their liberty.
If a person is assessed as being deprived of their liberty this does not imply any criticism of the care they receive. Two independent professionals, often a social worker and a doctor, consider the person's best interests and complete several DoLS assessments. These are scrutinised by a DoLS authoriser before that person's deprivation of liberty may be formally authorised.
In June 2026, the Supreme Court published a landmark judgment which changed how deprivation of liberty is defined. In a case known as AGNI (as it was brought by the Attorney General for Northern Ireland), the court confirmed that the previous 'acid test' should no longer be used.
Instead, whether a person is deprived of their liberty must be decided by looking at their overall situation, considering a range of factors. These include the degree and intensity of restrictions, their effects on the person, and, most importantly, the person's wishes and feelings. This guidance from the Department of Health and Social Care explains that if the person objects, this is indicative of a deprivation of their liberty:
Any objection would point towards a deprivation of liberty. Objection could take a number of forms and could include:
- attempts to leave the setting where the arrangements take place, such as a care home, hospital or supported living
- refusing care or treatment and/or physical rejection of care (for example, pushing staff away when care is being provided)
- physical restraint or one-to-one care to manage behaviour
- covert medication if objecting to medication
- sedating medication to manage behaviour if it impacts on an individual's ability to object
The relevant person's representative
A person subject to a deprivation of liberty safeguards authorisation has to have a representative to act on their behalf. This will normally be a family member or carer, but can also be a professional appointed for that purpose.
The representative must be willing and able to maintain regular and frequent contact with the person. They must also be consulted over any care changes and be invited to care reviews.
The representative is able to have access to any care records, and is able to request that the deprivation of liberty authorisation is reviewed to ensure that it remains lawful.
Contacts
DoLS office