Deprivation of Liberty Safeguards Wales 2026: What Families Need to Know

If your parent is in a care home or hospital in Wales and can't leave freely — because of dementia, physical frailty, or cognitive impairment — they may be subject to a Deprivation of Liberty Safeguards (DoLS) authorisation. This is a legal protection, not a punishment. But it's one of the least understood parts of the care system, and families are rarely told what it means.

What DoLS Actually Is

DoLS is a legal framework that protects people who lack mental capacity and are being cared for in a way that amounts to a deprivation of their liberty. The classic scenario: your parent has dementia, lives in a locked care home unit, and would be prevented from leaving if they tried. That's a deprivation of liberty — even if your parent is happy there and never tries to leave.

Under Article 5 of the European Convention on Human Rights, nobody can be deprived of their liberty without legal authorisation. DoLS provides that authorisation in care homes and hospitals.

Why Wales Still Uses DoLS

England replaced DoLS with Liberty Protection Safeguards (LPS) under the Mental Capacity (Amendment) Act 2019, which was supposed to simplify the system. Wales did not adopt LPS. The Welsh Government decided to keep the existing DoLS framework, meaning the rules in Wales are different from England.

In Wales, DoLS continues to operate under Schedule A1 of the Mental Capacity Act 2005, administered by local authorities (the "supervisory body") at the request of care homes and hospitals (the "managing authority").

When DoLS Applies

DoLS may be needed when a person:

• Lacks mental capacity to consent to their care arrangements
• Is under continuous supervision and control
• Is not free to leave (even if they don't try to)
• Is in a care home or hospital (DoLS doesn't cover private homes — that requires a Court of Protection order)

The "acid test" from the Supreme Court's Cheshire West ruling (2014) established that someone is deprived of their liberty if they are under continuous supervision and control and are not free to leave — regardless of whether the person objects or is content with their situation.

The Authorisation Process

1. The care home or hospital identifies that a resident may be deprived of their liberty
2. They request authorisation from the local authority (the supervisory body) by submitting an urgent and/or standard DoLS application
3. The local authority arranges assessments — six in total, carried out by a Best Interests Assessor (BIA) and a mental health assessor:
   • Age assessment (is the person 18+?)
   • Mental health assessment (does the person have a mental disorder?)
   • Mental capacity assessment (does the person lack capacity to decide about their care?)
   • Best interests assessment (is the deprivation in their best interests?)
   • Eligibility assessment (are they already covered by the Mental Health Act?)
   • No refusals assessment (does it conflict with an advance decision or LPA?)
4. If all assessments are met, the supervisory body grants authorisation for up to 12 months
5. A relevant person's representative (RPR) is appointed — usually a family member — to look out for the person's interests

Your Rights as a Family Member

If your parent is subject to a DoLS authorisation:

• You should be informed that the authorisation has been granted (or is being sought)
• You may be appointed as the RPR — the person who monitors whether the deprivation remains necessary and appropriate
• You can request a review at any time if you believe your parent's circumstances have changed
• You can challenge the authorisation through the Court of Protection — for example, if you believe your parent does have capacity, or that less restrictive care options exist
• Your parent is entitled to an Independent Mental Capacity Advocate (IMCA) if they have no family or friends to represent them

How DoLS Interacts With an LPA

If your parent has a health and welfare LPA, the attorney's views must be considered during the best interests assessment. The BIA will consult the attorney about whether the care arrangements are appropriate.

However, an LPA does not give the attorney the right to override a DoLS authorisation. If the attorney believes the deprivation is inappropriate, they can:

• Request a review of the authorisation
• Apply to the Court of Protection to challenge it
• Advocate for less restrictive care arrangements

If your parent has made an advance decision refusing a particular type of care, the no refusals assessment must consider whether the DoLS authorisation conflicts with it.

The Backlog Problem

Wales, like England before the LPS changes, has a significant DoLS backlog. Local authorities receive more applications than they can assess promptly, meaning some care home residents are technically being deprived of their liberty without proper legal authorisation — an ongoing human rights concern.

If your parent is in a care home and you suspect they should be subject to DoLS but haven't been assessed, you can ask the care home manager whether an application has been submitted, and contact the local authority's DoLS team directly if it hasn't.

What This Means Practically

For most families, DoLS operates in the background — you may not even know your parent is subject to it unless the care home tells you. But understanding it matters because:

• It confirms your parent's care involves restrictions on their liberty, which should be proportionate and reviewed
• You have the right to challenge it if you believe less restrictive options exist (e.g., moving to a care home with more freedom, or arranging home care instead)
• It's connected to the broader question of legal authority — if you hold an LPA, you're a key voice in the process

The Wales Legal Authority Kit explains how DoLS intersects with LPAs and deputyship in the Welsh system, so you understand your parent's legal protections and your role in safeguarding them.

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