DoLS: how the law protects those who cannot decide for themselves

When an elderly relative moves into a care home or goes into hospital and can no longer decide for themselves where to live or how to be treated, a hard question arises: can the home keep them there under constant supervision, not free to leave alone? For these situations the law has a safeguard — the Deprivation of Liberty Safeguards (DoLS), part of the Mental Capacity Act 2005.

Who and when does it protect?

DoLS covers adults aged 18 or over who are in a care home or hospital, who lack the mental capacity to consent to their care, and whose freedom is restricted — for example, continuous supervision or not being free to leave. Caring for someone is not made unlawful in itself: the safeguard exists so that any restriction is checked, justified and lawfully authorised.

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Who authorises it?

The home or hospital (the managing authority) must request authorisation from the local council (the supervisory body). In an emergency the managing authority can issue an "urgent authorisation" lasting up to 7 days (extendable by a further 7 in exceptional cases). A standard authorisation follows the council's assessments.

What is checked before a decision?

Six assessments are carried out: age (18+), no conflicting refusals, mental capacity, mental health, eligibility (whether the person is subject to the Mental Health Act instead), and — crucially — best interests, meaning whether the restriction is genuinely necessary and proportionate to protect the person. The mental health assessor and the best interests assessor must be two different people. Under the Code of Practice, all the assessments should take no longer than 21 days.

How long does it last, and can it be challenged?

The maximum length of one authorisation is 12 months; it is usually granted for a shorter period, such as 3 months. Everyone under an authorisation must have a Relevant Person's Representative (RPR) — someone independent of the home, usually a relative or friend; if no one suitable exists, a paid representative is appointed. An independent mental capacity advocate (IMCA) can also be involved. The person, their representative, their advocate or the managing authority can ask the council for a review at any time while the authorisation is in force, so any disagreement with the restrictions should be raised with staff and the representative as early as possible. The RPR, the holder of a Lasting Power of Attorney and a court-appointed deputy have an automatic right to apply to the Court of Protection; others must first obtain the court's permission.

What is changing now?

Local councils report that on 2 June 2026 the Supreme Court issued a judgment affecting the DoLS legal framework; councils are reviewing it and awaiting national guidance, and advise submitting applications as usual in the meantime. The core principle holds: care should always be provided in the least restrictive way possible.