DoLS standard authorisations and the six assessments

What is a standard DoLS authorisation?

It's the council's authorisation for a hospital or care home to deprive an adult of liberty there, to give them care or treatment. Only the council, as supervisory body, can give one, and only on the managing authority's request or after a third party's concern (Sch A1 paras 21-22, 71).

It needs six assessments, all positive. Ideally it's in place before the deprivation of liberty starts. Where that isn't possible, an urgent authorisation covers the gap.

Requesting a standard authorisation

• When. The managing authority must ask if the person is, or within the next 28 days is likely to be, deprived of liberty there and meet all six requirements (para 24). Build it into discharge planning (DoLS Code 3.19).
• Where. To the council where the person ordinarily lives, or else the council where the hospital or care home is (paras 180, 182). The wrong council can pass it on (DoLS Code 3.13).
• How. On Form 1, or Form 2 for a further authorisation. Describe the care and each restriction, say how often it happens, and attach the care plan.
• Who to tell. Family, friends, carers and any IMCA, unless that's impractical or against the person's interests (DoLS Code 3.15).
• Nobody to consult? Say so on the form. The council must then instruct an IMCA (s39A; DoLS Code 3.16).
• Keep a record of each request and why you made it (para 32).

How long does the standard DoLS process take?

In England, the six assessments must be finished within 21 days of the council receiving the request. If an urgent authorisation is in force, they must be done before it expires (DoLS Code 4.9-4.10).

Practice is slower. Of standard requests completed in 2024-25, only 21.1% met the 21-day limit, and completed applications took 126 days on average (DHSC statistics, March 2026). Since AGNI, ADASS's priority tool helps councils decide which requests need the quickest response.

The decision: Form 5 or Form 6

If every assessment is positive and the council has them in writing, it must grant the authorisation (para 50). It sets the period, which can't be longer than the maximum the BIA recommends, and never more than a year (paras 42, 51). It can start later than the day it's given (para 52).

Form 5 states the person, the place, the period, the purpose, any conditions, and why each requirement is met (para 55). It also appoints the RPR. Copies go to the RPR, the hospital or home, the person, any IMCA, and everyone the BIA consulted (para 57). The hospital or home must notify CQC of the outcome (CQC (Registration) Regulations 2009 reg 18(4A)-(4B)).

If any requirement isn't met, the council must refuse, on Form 6, and tell the hospital or home, the person, any IMCA and everyone the BIA consulted (para 58). The hospital or home must then make sure the deprivation of liberty doesn't continue or start (DoLS Code 5.20).

Conditions on a standard authorisation

The council can attach conditions, after considering the BIA's recommendations, and the hospital or home must comply (para 53). If the council drops a recommended condition, it should check the BIA's other conclusions still stand (DoLS Code 5.5).

Conditions must relate to the deprivation of liberty, not general care planning. ADASS's test is simple: would the person still need this if they weren't deprived of liberty? If not, it's a proper condition. Typical ones cover contact, culture, or steps to reduce restrictions (DoLS Code 4.74).

What a standard authorisation doesn't do

• Authorise treatment. It covers the deprivation of liberty only. Treatment needs consent or a best interests decision (DoLS Code 5.10-5.11).
• Move with the person. It names one hospital or care home. A move needs a new authorisation for the new place (para 25; DoLS Code 5.14).
• Require the restrictions. If they're no longer needed, end them at once and ask for a review (DoLS Code 8.8).
• Stand without safeguards. The person gets an RPR, reviews and a right to go to court. See the relevant person's representative.

What are the six DoLS assessments?

Best interests usually comes last, because it takes longest (DoLS Code 4.20). There must be at least two assessors, and the mental health and best interests assessors must be different people (para 129(5)). If one assessment is negative, the others stop (para 133).

Who can be a best interests assessor?

In England, an AMHP, social worker, nurse, occupational therapist or chartered psychologist with at least two years' post-registration experience. They need approved BIA training, then further training in the 12 months before each selection, and the skills to weigh complex evidence (DoLS Code 4.60). They must also be independent:

• Not involved in the person's care or treatment, or in decisions about it (DoLS Code 4.13).
• No line management link with the professional proposing the deprivation of liberty, or with the mental health assessor.
• No financial interest in the case, and not a relative of the person or of anyone with a financial interest.
• Not employed by the council where the council also runs the care home (DoLS Code 3.21).

The mental health assessment: the doctor's part

This is the assessment psychiatrists are most often asked to do. It asks only whether the person has a mental disorder as the MHA defines it, ignoring the learning disability qualification. It isn't about whether they need psychiatric treatment (DoLS Code 4.33).

You must also consider how being deprived of liberty is likely to affect their mental health, and tell the BIA (para 36). You can't be the BIA as well (para 129(5)).

To be eligible you need s12 approval, or three years' post-registration experience in diagnosing or treating mental disorder. You also need the standard DoLS training, then further training in the 12 months before each selection (DoLS Code 4.35-4.36).

The best interests assessment

The BIA's first task is to decide whether there's a deprivation of liberty at all. They consult the hospital or home and read the care plan and needs assessment (DoLS Code 4.62-4.63). If there isn't one, they record that on Form 3A, and no authorisation can follow.

If there is, they seek the views of the person, anyone they've named, carers and family, and any attorney or deputy (DoLS Code 4.65). They weigh the mental health assessor's view, the harm to be prevented and less restrictive options. They must name everyone they consulted (para 40).

If they support it, they state a maximum period of up to 12 months and may recommend conditions (paras 42-43). They also recommend an RPR. If they don't support it but the person is already deprived of liberty without authority, they must say so (para 44).

Equivalent assessments and renewals

The council can rely on an existing assessment instead of a new one. It must be written, meet the same requirements, be under 12 months old (age has no limit), and still be accurate (para 49). A recent MHA assessment can stand in for the mental health assessment (DoLS Code 4.5).

Use them with care: the older the assessment, the less likely it's valid, especially where capacity fluctuates (DoLS Code 4.6). For a further authorisation, Form 3B lets the BIA confirm nothing has changed, read with the previous full Form 3. A material change needs a new Form 3.

Assessments after AGNI

Form 3 still tells the BIA to apply the acid test, and treats lack of capacity as the absence of consent. The 2015 guidance to Form 3A says a lack of objection is irrelevant. All three points are out of date. Use the AGNI factors, and consider whether the person gives valid consent through their wishes and feelings.

For requests that look lower priority, ADASS recommends a proportionate first look by a BIA, on Form 3A or similar, to decide whether there's a deprivation of liberty at all. For renewals, it says councils shouldn't simply reuse all six equivalent assessments without checking the new test is likely to be met.