If a deprivation of liberty exists, it does not necessarily mean that something is wrong with the person’s care or where they are living. It does not necessarily mean that the restrictions the person lives with need to change. These restrictions should be in place to keep the person safe from harm. They should be proportionate to the risk posed, the least restrictive option and in the person’s best interests.
This guidance applies to people living in their own homes, supported living and shared lives settings. It does not apply to people living in care homes or hospitals who are covered by Deprivation of Liberty Safeguards (DoLS). For information about DoLS please visit the Deprivation of Liberty Safeguards information page.
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 have the mental capacity to consent.
- 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 to count as a deprivation of liberty.
On 2 June 2026, the Supreme Court published 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:
What is a Community Deprivation of Liberty?
This applies to someone living in:
- A supported living scheme
- A shared lives arrangement
- Their own home – where support is provided either by family or a care provider or both (including via Direct Payments)
It does NOT apply to care homes or hospitals.
If a person aged 16 or over cannot decide about their care and where they live, and they cannot give valid consent to the restrictions, these arrangements must be authorised by the Court of Protection to protect their rights. Neither a parent of someone over 16, nor an Attorney or Deputy for health and welfare can authorise a deprivation of liberty on the person’s behalf.
What is the Court of Protection?
The Court of Protection (CoP) deals with matters relating to people who may lack capacity to make decisions for themselves. In all cases, the Court aims to protect the person’s rights and freedoms as far as possible.
For further information, visit the Court of Protection website.
What is a Community Deprivation of Liberty Order (CoPDoL)?
This is an order given by the Court of Protection authorising a deprivation of liberty in the community. It may also be called a ‘Community DoL’ order. A person cannot be deprived of their liberty without the relevant legal framework and authorisation by the Court.
The following links provide free, informative guidance on restrictive practices, and training and tools to support in considering less restrictive alternatives:
To find out more, have a look at our Easy Read Guide to Community Deprivation of Liberty Orders.
How does a CoPDoL Order protect the right to liberty?
The CoPDoL Order ensures that:
- The person is asked for their feelings about where and how they live.
- The person has an advocate, if required, to support them to have their feelings heard.
- All those involved in their care are asked for their views on the arrangements.
- The person is living in an appropriate place which meets their needs.
- The person or someone involved in their care has the right to appeal if they disagree with the arrangements.
- The arrangements are lawful, necessary and proportionate.
An authorisation does not prevent a move in the future if it is decided this is in their best interests or their needs change. To find out more about what happens after an Order has been granted, have a look at our Easy Read Guide.
During the assessment the Best Interest Assessor (BIA) or a person who holds Lasting Power of Attorney for Health and Welfare, will have identified someone to act as the person’s representative for the Community Deprivation of Liberty Order. This is known as the Rule 1.2 Representative. This may be a family member, friend or an independent representative. For information about the role, please read our Rule 1.2 Representative Guide.
What do I do if I think someone with a disability who is living in the community is being deprived of their liberty?
First of all, speak to care staff or the allocated social care worker to ask if a referral for a Community Deprivation of Liberty assessment has been made. If not, and you think one is required, then request that they make a referral.
If the individual has informal carers, family or friends, they are also able to make a referral.
Referrals are made to the Local Authority. If you are a professional working with the person, please fill out the Request for Assessment form. Anyone else should fill out the Family, Friends and Support Request for Assessment form.
Please complete the form as fully as you can, so we are able to prioritise appropriately. Completed forms should be sent to the Disability Service via e-mail: disabilityadmin@conwy.gov.uk.
Who can I contact if I have questions?
For more information or if you have any queries, please contact the Disability Service on 01492 575374 or email disabilityadmin@conwy.gov.uk and ask to speak with the Best Interest Assessor or allocated Social Worker.
The Law around deprivation of liberty is continually 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 Best Interest Assessor 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 Mencap, The Alzheimer’s Society, Mind Cymru, The Law Commission, and Welsh Government.