Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (usually called DoLS) are part of the Mental Capacity Act 2005. They are there to protect people who cannot make decisions for themselves about their care and who may need restrictions to keep them safe.

DoLS make sure that:

  • Any restrictions on someone’s freedom are necessary
  • They are in the person’s best interests
  • They are proportionate and not more restrictive than needed

Changes from June 2026

A UK Supreme Court Judgement, A Reference by the Attorney General for Northern Ireland, was made on 2 June 2026 which overturned the previous Cheshire West Judgement (2014). 

It decided that despite some people who lack mental capacity about their care arrangements, they can still give valid consent to their confinement through their expressions, wishes and feelings. 

When DoLS might be needed

A person may be deprived of their liberty if they:

  • Are confined in a restricted space for a significant period, and
  • They have not validly consented to the confinement

This can apply in:

  • Hospitals
  • Care homes
  • Some community settings, such as a person’s own home or supported living

Why DoLS matter

Under the new Supreme Court Judgement, a DoLS will apply to those people who are assessed as not able to validly consent to their living and care arrangements.

DoLS exist to protect people’s human rights, including the right to liberty. They ensure there is:

  • An independent assessment
  • A clear authorisation process
  • The right to challenge decisions or ask for a review

Choose the right information for you

There is different information depending on your situation:

Contact

For help and support, contact the DoLS team:

Up to Staying safe

Updated: 26/06/2026