Deprivation of Liberty Safeguards (DoLS) guidance notes
On 2 June 2026, the Supreme Court issued a judgment which changes the legal framework for deprivation of liberty in adult social care. We are reviewing the judgment and working on new guidance. In the meantime, continue to submit DoLS applications in the usual way.
The area of Best Interests and Deprivation of Liberty is extremely complex and constantly evolving.
The Supreme Court provided a very important judgment on 19 March 2014 in relation to deprivation of liberty which is of major importance to residential care providers, social services and health departments. In ‘P v Cheshire West and Chester Council; P and Q v Surrey County Council [2014] UKSC 19’ the Supreme Court established an acid test, if ‘P’ is under constant supervision at all times and is not free to leave then they are derived of their liberty.
Law guidance notes
- Deprivation of Liberty in the Hospital Setting
- Deprivation of Liberty case law updates - 39 Essex Chambers
National guidance
- DOLS Code of Practice
- Deprivation of Liberty safeguards leaflet - a guide for relevant person's representatives (PDF, 135.1 KB)
- Deprivation of Liberty safeguards leaflet - easy read (PDF, 941.1 KB)
- The Independent Mental Capacity Advocate (IMCA) service (PDF, 328.5 KB)
- Next of Kin: Understanding decision making authorities booklet (PDF, 3.5 MB)
- Our privacy notice