Last updated:
4th November 2026
How we decide if someone is being deprived of their liberty
In June 2026, the Supreme Court changed how we decide whether someone is being deprived of their liberty. There is no longer one set test. Instead, we need to look at the person’s individual situation.
This includes:
- what restrictions are in place
- how long they are likely to last
- how and why the restrictions are being used
- how they affect the person
- whether the person objects to the arrangements or tries to leave
- what the person wants and how they feel about the arrangements
- whether they understand and accept the arrangements
Someone may not be able to make their own decisions about where they live or the care they receive. However, they may still be able to show whether they are happy to accept the arrangements.
If it is not clear whether the person accepts the arrangements, staff should not assume that they have agreed to them.
Applying for an authorisation
If a care home or hospital thinks someone may be deprived of their liberty, they need to apply to the DoLS Team for an authorisation.
The application gives the DoLS Team information about the person, their care arrangements and the restrictions in place.
What happens after an application
The DoLS Team will look at the application and arrange an assessment.
The assessment will look at the person’s situation, including:
- their care arrangements and any restrictions in place
- whether they might have a mental disorder
- whether they can make their own decisions about their care arrangements
- if they cannot make these decisions, whether they understand and accept the arrangements
- whether the restrictions are needed to keep them safe
- whether the restrictions are reasonable for the level of risk
- whether their care could be provided in a way that gives them more freedom
- whether the arrangements are in their best interests
If an authorisation is agreed, it will say how long it lasts and whether there are any conditions the care home or hospital needs to follow.
The person will also have someone to represent and support them. This person is called a Relevant Person’s Representative (RPR).
The RPR can help the person understand their rights. They can also ask for the authorisation to be reviewed or challenged.
