This Deprivation of Liberty Safeguards (DoLS) guidance applies to people living in care homes and hospitals.
It does not apply to people living in their own homes, supported living or shared lives settings, who are assessed under Community Deprivation of Liberty. For information about Community DoL please visit the Community Deprivation of Liberty information page.
For people deprived of their liberty in hospital please contact the relevant ward or Local Health Board.
What is the purpose of the Deprivation of Liberty Safeguards Legislation?
The Deprivation of Liberty Safeguards (DoLS) provide legal protection for vulnerable people in a care home or hospital who may be being cared for in a way which deprives them of their liberty in order to protect them from harm. These safeguards were introduced by government legislation in 2007 as part of the Mental Capacity Act 2005.
The safeguards are intended to protect the rights of people who lack the ability or mental capacity to make decisions about the care, support and accommodation they need.
The Mental Capacity Act 2005, Deprivation of Liberty Safeguards exist to ensure that no one is deprived of their liberty without good reason, and that if someone needs to be deprived of their liberty, that person has specific rights. These rights are contained within the 1998 Human Rights Legislation (Article 5: The Right to Liberty & Security and Article 8: The Right to Respect for Private and Family Life).
Any deprivation of liberty the person experiences must be in their best interests, be the least restrictive possible within available resources and be proportionate to the likelihood and severity of the harm that might result from the deprivation not being in place. Advocates and representatives can be appointed to ensure everyone receives support during the assessment process.
The safeguards are intended to ensure that anyone who is deprived of their liberty is able to challenge the decision and that there is a regular, independent assessment of whether the deprivation continues to be in the person’s best interests.
Who do the Safeguards apply to?
The Safeguards apply to people who:
- are 18 or over
- are in a residential or nursing home, or an in-patient in a hospital (NHS or private). The Health Board will complete assessments on hospital wards.
- have a mental disorder or disability of the mind, e.g. dementia, brain injury or a profound learning disability
- lack the capacity to decide on arrangements made for their care, support and accommodation needs
- are subject to restrictions in their care plans which amount to a deprivation of liberty
- and are unable to give valid consent to arrangements that deprive them of their liberty
What is Liberty?
The right to liberty entitles us all to the freedom to make our own decisions about where and how we live. Our right to liberty is protected under Article 5 of the European Convention on Human Rights.
What is a Deprivation of Liberty?
Deprivation of Liberty in this context is when a person has their freedom limited because:
- They are at risk of harm
- They are subject to a range of restrictions to protect them which may include
- supervision by others
- not being free to leave
- They do not or cannot give valid consent
- They lack the mental capacity to decide on their care and accommodation arrangements
- And the Local Authority or Local Health Board knows about it
There is no single test for determining whether a person is deprived of their liberty. Each situation must be considered individually, taking account of all the relevant circumstances. These may include:
- the type of restrictions (for example, locked doors, physical control, supervision, sedating medication social isolation and so on)
- the duration
- the effects on the person
- the manner of implementation
- whether the person objects
- the relative normality of the arrangements
- the purpose of the arrangements
Examples of potential restrictions:
• Being under observation or supervision; this might include the use of sensors
• Not being able to leave the setting permanently or would be brought back if they tried to leave
• Equipment which restricts movement or access, e.g. locked doors, bed rails, wheelchair lap belts
• Being accompanied by a member of staff when accessing the community
• Physical intervention techniques being used
• Covert medication or sedative or anti-psychotic medications.
• Curfews
There may be other restrictions in place depending on the individual’s needs.
For a deprivation of liberty to arise, there must be an element of restrictions imposed on someone against their will. If a person is limited by their own illness or disability, rather than by others, it is unlikely their care arrangements will amount to a deprivation of liberty.
On 2 June 2026, the Supreme Court issued a judgment changing what constitutes a deprivation of liberty under the Mental Capacity Act (2005).
These changes apply with immediate effect and extend across the UK. The Department of Health and Social Care has published guidance to assist with the implications of this ruling.
If you want to know more about the relevant legislation and how it is implemented, these links will be useful:
How are the Deprivation of Liberty Safeguards authorised?
The home or hospital in which the person may be being deprived of their liberty is known as the ‘Managing Authority’.
When a Managing Authority believes they are looking after a person in a way that may be depriving them of their liberty, they must apply to the ‘Supervisory Body’ to authorise this. In care homes the Supervisory Body is usually the Local Authority in which that person is ‘ordinarily resident’. In hospitals in Wales, the Supervisory Body is usually the Local Health Board where the hospital is located.
When the Supervisory Body receives an application for a Deprivation of Liberty Safeguards authorisation it will appoint a ‘Best Interest Assessor’ (BIA). The BIA carries out an assessment to determine whether the person is deprived of their liberty. The assessment considers all relevant factors, including the person's wishes and feelings, the care arrangements in place, the nature and effect of any restrictions, and whether the arrangements are necessary and proportionate.
BIAs are expected to act independently.
During the process an assessment may also be carried out to look at whether the person has capacity to make decisions about their accommodation, care and support. A suitably qualified Doctor may assess how the person’s mental health and wellbeing is affected by the restrictions.
The Best Interest Assessor will usually want to talk to the person’s family or friends. They may ask an Independent Mental Capacity Advocate (IMCA) to assist in the process. The BIA will try to find out as much as they can about the person’s wishes and feelings about their care.
After completing the assessment, if they are satisfied that all the conditions are met and the Deprivation of Liberty is in a person’s best interests, the BIA will recommend to the Supervisory Body that the Deprivation of Liberty be authorised. If the Supervisory Body agrees and authorises this, it will be for a limited time - up to a maximum of twelve months.
The Supervisory Body can also make conditions or recommendations to ensure that care is provided in the least restrictive way and that their welfare is promoted.
What happens when the Managing Authority has to put in place the Deprivation of Liberty Safeguards urgently?
The Managing Authority can grant itself an ‘Urgent Authorisation’. These can last for up to seven days (extended by a further seven days in certain circumstances). They must at the same time apply to the Supervisory Body for a Standard Authorisation.
What happens after an authorisation is given?
During the assessment the BIA or a person who holds Power of Attorney for health/welfare, will have identified someone eligible to act as the person’s representative for a Deprivation of Liberty Safeguards authorisation. This is the Relevant Person’s Representative (RPR). This may be a friend, or family member or an independent representative. The person or their representative can require the Supervisory Body to review the Deprivation of Liberty Safeguards authorisation and has a right to challenge the deprivation in the Court of Protection.
The RPR is expected to have regular contact with the person and the care home and report any concerns they have regarding the deprivation of liberty to the Supervisory Body, for example if the restrictions seem excessive or not in a person’s best interests or if the conditions on the authorisation are not being met.
RPRs are encouraged to contact the Deprivation of Liberty Safeguards Team to discuss any concerns or if there is anything they are uncertain about.
The person will have access to an Independent Mental Capacity Advocate (IMCA) if they have no suitable family or friends. An RPR can also have access to the support of an IMCA if they wish.
An authorisation of a deprivation of liberty can only be given in a specified place for a specified time. At the end of the specified period or if a person moves, a new assessment may be required, and the process will need to be repeated if it is felt the relevant criteria are still met.
What do I do if I think someone is being deprived of their liberty in a care home or hospital?
First of all, talk to the home manager, care or ward staff and ask if they have made an application for a Deprivation of Liberty Safeguards authorisation. If not, and you are not satisfied that the reason given is adequate, then request that they make an application.
If a referral is not made and you wish to submit a referral yourself, you can do this by following the link to the Welsh Government website. There, you will find the DoLS form ‘1b’, which will provide you with a useful format for doing this.
For a person in a care home, you can send this to the Deprivation of Liberty Safeguards team in the Local Authority via email:
vulnerablepeopleadmin@conwy.gov.uk
Alternatively, if you wish to phone to discuss, please ring the co-ordinator on 01492 575634.
If the person is in hospital, you should contact the Local Health Board directly.
Information for Managing Authorities
Managing Authorities should ensure that they are familiar with their responsibilities under the Mental Capacity Act 2005 (including the ‘AGNI’ judgement made by the Supreme Court on 02/6/2026) and those parts of the Deprivation of Liberty Safeguards Code of Practice which apply to them. Managing Authorities should access relevant training and can also contact the DoLS team for information and advice.
The Code of Practice states that the Managing Authority should usually (unless there is good reason) tell the relevant person’s family, friends and carers, and any IMCA already involved in the relevant person’s case, that a referral for an authorisation of Deprivation of Liberty has been made.
If you are a care home (Managing Authority) remember to ensure that you have considered whether there might be a less restrictive way of meeting a person’s needs and that your care plans and risk assessments around deprivation of liberty clearly explain the rationale for the measures you intend to put in place.
The referral form (form 1) you need to complete to put in place an Urgent Authorisation and to request a Standard Authorisation to be authorised is available to download here. The referral form (form 2) required to renew an authorisation which is due to expire is available here.
Please send the completed forms along with copies of the person’s care plans and relevant risk assessments to vulnerablepeopleadmin@conwy.gov.uk.
Please note that the team operates a priority list, therefore please refer to the screening tool and include any relevant details on the referral to enable the team to prioritise appropriately.
The law around Deprivation of Liberty Safeguards is still developing. The information above is intended only as a general guide and is in no way to be considered as a definitive statement of the law. Please contact our DoLS team if you want more information.
You can also find independent information and advice on the websites of government, voluntary organisations and organisations which deal with health and social care law, for example; The Alzheimer’s Society, Mind Cymru, The Law Commission, and Welsh Government.