Deprivation of Liberty Safeguards exist to answer a hard question: when is keeping someone safe actually taking away their freedom — and how do you do that lawfully? A person with advanced dementia who is kept in a care home for their own safety, under constant supervision and not free to leave, is being deprived of their liberty. That may be entirely right for them — but it cannot just happen informally. It has to be authorised.
This guide explains what DoLS is, when it applies, the test the courts use, and — importantly — its current status, because this is an area where the law was due to change and then did not.
What DoLS is
The Deprivation of Liberty Safeguards (DoLS) are a legal framework, part of the Mental Capacity Act 2005, that provides protection for people who lack the mental capacity to consent to their care arrangements, where those arrangements amount to a deprivation of their liberty.
The purpose is protective in both directions. It makes sure that any deprivation of liberty is:
- In the person’s best interests
- Necessary to keep them safe from harm
- A proportionate response to the likelihood and seriousness of that harm
- The least restrictive option available
It also gives the person a legal right to challenge the arrangement, and a representative to support them. DoLS turns something that could be an unlawful loss of liberty into a lawful, reviewed, challengeable safeguard.
Current status — DoLS, not LPS
This is the part that causes confusion, so it is worth stating plainly.
DoLS was due to be replaced by a new system called the Liberty Protection Safeguards (LPS). However, implementation of LPS has been delayed, and DoLS remains the law in England and Wales. The Government announced a further consultation on the Liberty Protection Safeguards, but no replacement date is currently in force.
So, as things stand: DoLS is the current, live framework. Do not assume it has been replaced. Anyone working in care should continue to work to DoLS and watch for official updates rather than acting on the assumption that LPS has arrived.
The “acid test” for a deprivation of liberty
How do you know whether care arrangements actually amount to a deprivation of liberty rather than ordinary care? Following a landmark Supreme Court ruling (the “Cheshire West” case), there is a simple two-part acid test. A person is deprived of their liberty if they are:
- Under continuous supervision and control, and
- Not free to leave
Both parts must be met. Crucially, it does not matter whether the person objects, whether the placement is comfortable or well-intentioned, or whether the family agrees — if both limbs of the acid test are met and the person lacks capacity to consent to it, a deprivation of liberty is occurring and must be authorised.
This is a low threshold, and it catches far more situations than people expect — which is exactly why care staff need to recognise it.
Where DoLS applies — and where it does not
DoLS authorisation applies to people aged 18 or over in a care home or hospital. For other settings — such as supported living, a person’s own home, or shared lives arrangements — a deprivation of liberty must instead be authorised by the Court of Protection. Deprivations affecting under-18s also fall outside DoLS and require a different legal route.
How a DoLS authorisation works
In outline:
- The care home or hospital (the “managing authority”) identifies that a person may be, or is being, deprived of their liberty and applies to the local authority (the “supervisory body”) for authorisation.
- A series of assessments is carried out — including whether the person lacks capacity, whether the deprivation is in their best interests, and whether any conditions should apply.
- If granted, the authorisation is time-limited and must be reviewed. It cannot be open-ended.
- The person is given a representative and the right to challenge the authorisation in the Court of Protection.
An urgent authorisation can be given by the managing authority itself for a short period while the standard authorisation is sought, where the need is immediate.
Why care staff need to understand this
Front-line care staff are usually the first to see the signs that a person’s care has tipped into a deprivation of liberty — the locked door, the constant one-to-one, the person who repeatedly tries to leave. Recognising it and flagging it is what triggers the safeguard. Missing it means a person may be unlawfully deprived of their liberty, and the service is exposed.
It also sits alongside everyday good practice. Genuinely person-centred care — supporting choice, using the least restrictive approach, involving the person — is often what keeps a situation from becoming a deprivation of liberty in the first place, and always what should surround it when authorisation is needed.
Further reading
- SCIE — Deprivation of Liberty Safeguards
- Gov.uk — DoLS forms and guidance
- Age UK — Deprivation of Liberty Safeguards factsheet
Frequently asked questions
What is DoLS (Deprivation of Liberty Safeguards)?
DoLS is a legal framework within the Mental Capacity Act 2005 that protects people who lack the capacity to consent to care arrangements which amount to a deprivation of their liberty. It ensures any such deprivation is in the person’s best interests, necessary, proportionate and the least restrictive option, and gives the person a representative and the right to challenge it. It applies to people aged 18 or over in a care home or hospital.
Has DoLS been replaced by Liberty Protection Safeguards?
No. DoLS was due to be replaced by the Liberty Protection Safeguards (LPS), but implementation has been delayed and DoLS remains the law in England and Wales. A further government consultation on LPS has been announced, but no replacement date is currently in force. Care services should continue to work to DoLS and watch for official updates rather than assume LPS has arrived.
What is the acid test for a deprivation of liberty?
Following the Supreme Court’s Cheshire West ruling, a person is deprived of their liberty if they are under continuous supervision and control AND not free to leave. Both parts must be met. It does not matter whether the person objects, whether the placement is comfortable, or whether the family agrees — if both limbs are met and the person lacks capacity to consent, a deprivation of liberty is occurring and must be authorised.
When does DoLS apply and when is the Court of Protection needed?
DoLS authorisation applies to people aged 18 or over in a care home or hospital. For other settings such as supported living or a person’s own home, a deprivation of liberty must be authorised by the Court of Protection instead. Deprivations affecting under-18s also fall outside DoLS and require a different legal route.
How is a DoLS authorisation obtained?
The care home or hospital applies to the local authority for authorisation. Assessments are carried out, including whether the person lacks capacity and whether the deprivation is in their best interests. If granted, the authorisation is time-limited, must be reviewed, and the person is given a representative and the right to challenge it in the Court of Protection. An urgent authorisation can cover a short period while a standard authorisation is sought.
DoLS and Mental Capacity training
Our Deprivation of Liberty Safeguards (DoLS) course covers what a deprivation of liberty is, the acid test, when authorisation is needed, and the care worker’s role in recognising and reporting it.
Related: Mental Capacity Act explained · Mental Capacity Act course · Person-centred care · Dementia awareness
£9 per course. CPD accredited, 100 % online, verifiable e-certificate on completion. Pay for 2, get 3 — any 3 courses for £18.
Please note: this is a CPD-accredited awareness course and general information, not legal advice. DoLS applies in England and Wales; Scotland and Northern Ireland have separate arrangements. The law in this area has been subject to proposed reform (Liberty Protection Safeguards) — always work to the framework currently in force and check for official updates. Complex or contested cases should be referred to the appropriate professional or the Court of Protection. It is not an Ofqual-regulated qualification.