Deprivation of Liberty & DoLS
Understanding restrictions, safeguards, rights and the current 2026 legal position
Deprivation of liberty is an important human-rights issue concerning situations where a person’s care or treatment arrangements significantly restrict their freedom.
This resource explains the Deprivation of Liberty Safeguards (DoLS) and incorporates the major change to the legal approach to deprivation of liberty following the June 2026 UK Supreme Court judgment. It explains why older resources referring only to the previous Cheshire West “acid test” may no longer reflect the current position.
The guide also distinguishes between ordinary restrictions and a deprivation of liberty, explains the DoLS assessment and authorisation process and explores the rights available to somebody subject to an authorisation.
It includes:
- What deprivation of liberty means
- Restrictions versus deprivation of liberty
- The 2026 change to the legal approach
- The current multifactorial assessment
- Wishes, feelings and objections
- Capacity and consent
- Where DoLS applies
- Urgent and standard authorisations
- The statutory DoLS assessments
- Relevant Person’s Representatives
- IMCA involvement
- Reviews and the right to challenge
- The role of the Court of Protection
- DoLS versus Liberty Protection Safeguards
- The current status of LPS
An up-to-date guide to understanding restrictive care arrangements, legal safeguards and a person’s rights when their liberty may be affected.
Space to Breathe Therapy
