MCA and DoLS

What are the Deprivation of Liberty Safeguards (DoLS)?

The Deprivation of Liberty Safeguards (DoLS) are legal protections for people aged 18 and over who lack capacity to consent to their care and treatment arrangements in a care home or hospital.

DoLS help ensure that any restrictions placed on a person are necessary, proportionate, and in their best interests. They also provide important rights and safeguards, including:

• independent scrutiny of care arrangements
• access to representation and advocacy where appropriate
• the right to challenge arrangements through the Court of Protection
• regular review of whether restrictions remain necessary

How do we decide whether someone is deprived of their liberty?

Following the Supreme Court's AGNI judgment (2026), there is no longer a single "acid test" for determining whether someone is deprived of their liberty. Instead, a multifactorial assessment must be undertaken.

This means professionals must consider the person's individual circumstances as a whole, including:

• the type of restrictions in place
• how long the restrictions have been applied
• the impact of those restrictions on the person's life
• how the restrictions are implemented in practice
• the person's wishes, feelings, views and level of understanding
• whether the person appears to accept or object to the arrangements
• whether the arrangements are significantly different from what would ordinarily be expected for someone in a similar situation

No single factor determines whether a deprivation of liberty exists. Each case must be considered individually, taking account of the person's rights, circumstances, and lived experience.

Who should apply for a DoLS?

The Deprivation of Liberty Safeguards (DoLS) can only apply to people who are in a care home or hospital. This includes where there are plans to move a person to a care home or hospital where they may be deprived of their liberty. The care home or hospital is called the managing authority in the Deprivation of Liberty Safeguards.

Where a managing authority thinks it needs to deprive someone of their liberty, they have to ask for this to be authorised by a supervisory body. They can do this up to 28 days in advance of when they plan to deprive the person of their liberty.

For care homes and hospitals, the supervisory body is the local authority where the person is ordinarily resident. Usually this will be the local authority where the care home is located unless the person is funded by a different local authority.

How to make a DoLS application

The DoLS referral forms can be found on GOV.UK.

To make a referral please email this address: LibertyAdmin@southend.gov.uk