The Deprivation of Liberty Safeguards (DoLS) explained

What are the Deprivation of Liberty Safeguards?

The Deprivation of Liberty Safeguards (DoLS) are the authorisation scheme in Schedule A1 to the Mental Capacity Act 2005. The Mental Health Act 2007 added them, and they've been in force since April 2009. A hospital or care home, the managing authority, asks the council, the supervisory body, to authorise depriving an adult of liberty so it can give them care or treatment.

They exist because of the Bournewood case, HL v UK (2004). The European Court held that an autistic man kept in hospital informally was deprived of liberty. There was no procedure prescribed by law, and no quick way to a court (DoLS Code chapter 1).

DoLS are part of the MCA, so its principles apply throughout (MHA Code 13.40). In England the supervisory body is normally the council, for hospitals as well as care homes (Sch A1 paras 180, 182).

Who do the Deprivation of Liberty Safeguards apply to?

• Adults. Aged 18 or over (Sch A1 para 13). Under 18, look instead to the MHA, the courts or secure accommodation: see children and young people.
• Lacking capacity to decide whether to be accommodated in that hospital or care home for the care or treatment (para 15).
• With a mental disorder, as the MHA defines it, including any learning disability (para 14).
• In a hospital or care home, for care or treatment, in circumstances that deprive them of liberty (para 1). That includes general hospitals, not just psychiatric wards (DoLS Code 1.9).
• However the care is funded. Self-funders and private patients are covered too (DoLS Code 1.21).
• Not ineligible. Anyone detained in hospital under the MHA, and some others Schedule 1A lists, can't be under DoLS.

Elsewhere, such as supported living or someone's own home, a deprivation of liberty needs a Court of Protection order instead (DoLS Code 1.20).

What counts as a deprivation of liberty now?

DoLS only apply where there's a deprivation of liberty in the Article 5 sense (MCA s64(5)). On 2 June 2026, in AGNI [2026] UKSC 16, the Supreme Court overruled Cheshire West and its acid test.

Now you weigh the type, duration, effects and manner of the restrictions, starting from the person's own situation. Someone who lacks MCA capacity can still give valid consent, if they're aware of their situation and show they're content with it. The test is set out in what is a deprivation of liberty.

DHSC expects far fewer authorisations in the long run. For now it wants borderline cases referred, and DoLS used wherever there's doubt (DHSC, September 2026).

The six DoLS assessments

There must be at least two assessors, and the mental health and best interests assessors must be different people (DoLS Code 4.13). A BIA can be an AMHP, social worker, nurse, occupational therapist or chartered psychologist with the right experience and training (DoLS Code 4.60).

How does DoLS work? Step by step

1. The hospital or care home must request a standard authorisation if someone is deprived of liberty there, or likely to be within 28 days. They must also meet, or be likely to meet, all six requirements (Sch A1 para 24). Ask in advance where you can, on Form 1.
2. If it's so urgent that the deprivation of liberty must start first, the managing authority gives itself an urgent authorisation, in writing, for up to 7 days (paras 76-79).
3. The council commissions the six assessments. In England they must be done within 21 days of the request, or before an urgent authorisation runs out (DoLS Code 4.1, 4.9-4.10).
4. For exceptional reasons, the council can extend an urgent authorisation once, by up to 7 days (paras 84-85).
5. If all six requirements are met, the council must grant a standard authorisation, on Form 5, with any conditions (para 50). Its period can't exceed the BIA's recommended maximum, or 12 months (paras 42, 51). Otherwise the council refuses, on Form 6.
6. The council appoints a relevant person's representative (RPR) as soon as practicable (para 139).
7. Before it expires, the managing authority asks for a further authorisation on Form 2. ADASS suggests spotting renewals at least 28 days ahead.

Rights and safeguards under DoLS

• Information. The managing authority must help the person understand the authorisation and their rights, orally and in writing (Sch A1 para 59). That includes the rights to a review, to go to court, and to an IMCA.
• The RPR keeps in touch, represents and supports them, and can ask for a review or apply to court (DoLS Code 7.2).
• An IMCA if there's nobody to consult (s39A), between RPRs (s39C), or to help the person and an unpaid RPR use their rights (s39D).
• Review. The council can review at any time, and must if the person, RPR or managing authority asks (para 102). The managing authority must ask, on Form 10, if a requirement may no longer be met (DoLS Code 8.5).
• Court of Protection. The person or RPR can ask the court whether the requirements are met, or about the period, purpose or conditions (s21A). Their legal aid isn't means-tested.
• End it early. If it's no longer needed, the hospital or home must end the deprivation of liberty straight away, then ask for a review (DoLS Code 8.8).

DoLS and the Mental Health Act

Anyone detained in hospital under the MHA is ineligible for DoLS. So is someone who'd be in hospital for treatment of mental disorder, objects, and could be detained under s2 or s3. The full rules are on MHA or MCA.

If someone under DoLS is detained under the MHA, the hospital or home tells the council on Form 7 and the authorisation is suspended. If the suspension isn't lifted within 28 days, it ends (DoLS Code 8.19-8.20).

DoLS and the Court of Protection

The Court of Protection does two jobs. It hears challenges to DoLS authorisations under s21A, which gives the person the speedy court review Article 5(4) requires. And it authorises deprivations of liberty that DoLS can't reach, by a welfare order (ss4A(3)-(4), 16(2)(a)).

If a court order already authorises someone's detention in a hospital or care home, you don't need DoLS as well until it expires (DoLS Code chapter 3, footnote 6). While you seek a court decision, s4B covers a deprivation of liberty needed for life-sustaining treatment or a vital act. Outside hospitals and care homes, see Court of Protection orders.

DoLS in numbers

DoLS are busy. Councils in England received 364,900 applications in 2024-25, and 58% came with an urgent authorisation attached (DHSC statistics, March 2026).

Of standard requests completed that year, only 21.1% met the 21-day limit, and completed applications took 126 days on average. At the year's end 118,850 were still waiting. Of those fully assessed, 97.5% were granted.

In the year before Cheshire West there were 13,700 referrals (AGNI, para 101). Numbers should fall after AGNI. Court of Protection deprivation of liberty applications were already down 13% in April to June 2026 (Mental Capacity Report, October 2026).

Mistakes people make with DoLS

• 'They're on DoLS, so we can treat them.' DoLS authorise the deprivation of liberty, not treatment. Treatment needs consent or a best interests decision (DoLS Code 5.10).
• 'We've sent the form, so we're covered.' A request isn't an authorisation. Once an urgent authorisation expires, any deprivation of liberty that continues is unauthorised (DoLS Code 6.21).
• DoLS for an objecting psychiatric patient who meets s2 or s3. They're ineligible. Use the MHA.
• A paper RPR. If the person wants to challenge, their representative must help them (AJ v A Local Authority [2015] EWCOP 5).

Where to go next

• On a ward? Start with DoLS in hospital.
• Need authority tonight? See urgent authorisations.
• Doing or arranging the assessments? See the six assessments.
• The person or family want to challenge? See section 21A.