Understanding the New Rules on Deprivation of Liberty Safeguards (DoLS)

In simple terms, DoLS are legal protections used when someone is restricted in where they live or how they are cared for, to the point that they are not free to leave. These rules exist to ensure people are not unlawfully confined, and that their care is safe, necessary and regularly reviewed.

For over a decade, the law was shaped by a case called Cheshire West[1].The rule was simple, if a person is under continuous supervision and control and not free to leave, they are deprived of their liberty and therefore the rules under DoLS applied. The test was rigid and applied to those who were happy with their care, those who continued living with family and above all, even if the care was clearly in their best interests. As a result, many families faced intrusive assessments and the need to comply with the relevant legal processes.

The recent case heard in the Supreme Court[2] has now changed that approach. During that case the Court considered that the prior approach was too rigid, too broad and was inconsistent with European Human Rights. The Court held moving forward, when considering whether DoLS would apply those involved should take a holistic view as to the protected person’s care and living arrangements. This includes:

The Court made clear that the setting matters and therefore living in a family home or ordinary environment is different from being in a secure unit. A “normal” life with support may not amount to deprivation of liberty.

Another key change is that a person may still be able to accept or agree with their care, even if they lack legal capacity. Whilst this appears to represent a stark contrast when compared to the Court of Protection’s general approach, in reality the protected person’s wishes and feelings are always a significant factor. This means that where a protected person is restricted but they appear content and accepting of the arrangements in place, there may be no need for the usual DoLS rules to apply.

Moving forward, the key questions are now:

The law now focuses more on real confinement and control, not just supervision. As a result, it is expected there will be less situations where the DoLS authorisation will be required. In turn, many families will face less intrusive legal involvement which allows for their focus to be placed on the care being provided. The rules will still apply where there is real confinement and control which balances the need to protect those where DoLS should properly apply, compared to those who are happy with the arrangements in place.

This change is about common sense. If someone is living safely, content and supported in a place they accept, the law is less likely to treat them as being deprived of their liberty. For families, this means a shift away from rigid rules towards a more human, individualised approach to care and rights. Despite that, the changes do not remove DoLS entirely and where appropriate the rules will remain in place to ensure all care and living arrangements are being made in the protected person’s best interests.

[1] [2014] UKSC 19

[2] [2026] UKSC 16