DoLS in care homes, explained

The Deprivation of Liberty Safeguards (DoLS) protect people in care homes and hospitals who lack the mental capacity to agree to their care, when that care restricts their freedom.

When DoLS apply

A person is deprived of their liberty, in law, if all three apply:

• they lack capacity to consent to their care arrangements;
• they are under continuous supervision and control; and
• they are not free to leave.

This is often called the “acid test”. It applies even if the care is kind and in the person’s best interests. Many people living with dementia in care homes meet it.

How it works

1. The care home (the “managing authority”) applies to the council (the “supervisory body”).
2. In urgent cases, the home can grant itself an urgent authorisation for up to seven days, extendable once by up to seven more.
3. The council arranges assessments, including a best interests assessment and a mental health assessment.
4. If the criteria are met, the council grants a standard authorisation for up to 12 months, sometimes with conditions.

Councils have long backlogs, so many people wait months for an assessment. The home must still act lawfully and in the person’s best interests while waiting.

Families’ rights

• A family member or friend can be appointed as the person’s representative.
• The person, or their representative, can ask for a review, or challenge the authorisation in the Court of Protection. Non-means-tested legal aid is available for this challenge.
• If there is no one suitable, an independent advocate (IMCA) must be offered.

Is DoLS being replaced?

The law allows for a replacement scheme, the Liberty Protection Safeguards, but it has been delayed for years and has no start date. For now, DoLS still apply.

See also the Mental Capacity Act and lasting power of attorney or deputyship.

Reviewed by The Care Panel team on 21 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.