Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards are the legal process for authorising arrangements that deprive a person of their liberty in a care home or hospital where they lack capacity to consent to them.
Deprivation of Liberty Safeguards (DoLS) in practice
The purpose is protective: if a person’s care arrangements amount to a deprivation of liberty, those arrangements need lawful authorisation, independent scrutiny and a route to challenge them, rather than simply being decided by the service.
What counts as a deprivation of liberty is the part that has moved. For over a decade the working test was the Cheshire West “acid test”, asking whether a person was under continuous supervision and control and not free to leave. That framing was displaced by the Supreme Court in 2026, which set out a broader multifactorial approach and revisited when consent is validly given.
The practical consequence for providers is that policies, training and capacity paperwork written before mid-2026 may state a test that no longer applies. Anything citing the acid test alone should be reviewed rather than trusted.
Related terms
Related definitions
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The duty of candour requires providers to be open and transparent when something goes wrong, and to tell the person affected as soon as reasonably practicable, apologise, explain what is known, and follow up in writing.
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A statutory notification is a formal report a registered provider is legally required to send CQC when certain events happen, such as a death, serious injury, allegation of abuse, or an event that stops the service running safely.
Read definitionRight Support, Right Care, Right Culture
Right Support, Right Care, Right Culture is CQC guidance setting out what good looks like for services supporting autistic people and people with a learning disability, covering the model of support, the care delivered, and the culture of the organisation.
Read definitionRegistering with CQC or Ofsted?
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