The Care Compass®A DoLS Letter From the Care Home: What It Means for Your Family
A few weeks after someone moves into a care home, many families get a letter or a call about a "DoLS application". The words "deprivation of liberty" sound alarming, as if something has gone wrong. It doesn't mean that. This guide explains what it means, in plain English.
Nobody tells you this: a DoLS letter is not a complaint, an accusation or a sign of poor care. It's a legal safeguard that exists to protect your loved one, not a finding that anyone has done something wrong.This guide covers England and Wales. Scotland and Northern Ireland have their own systems.
What DoLS Actually Is
DoLS stands for the Deprivation of Liberty Safeguards. They sit within the Mental Capacity Act and apply to adults in care homes and hospitals who can't make their own decision about where they live and the care they receive.
If a care home believes the way someone is cared for may amount to a deprivation of their liberty, and they can't consent to it themselves, it asks the council to check and authorise the arrangements. That check is the DoLS. It makes sure the care is necessary, in their best interests and the least restrictive option.
Lacking capacity doesn't automatically mean someone is deprived of their liberty. Since June 2026, it depends on their individual situation, including their wishes and feelings (see below).
What Happens After the Application
- The care home applies to the council. The home can give itself an urgent authorisation for a short period while the council looks at it.
- Assessments. A best interests assessor (often a social worker or nurse) and a doctor check whether the arrangements are needed and right for the person.
- You'll usually be asked your views. Families know the person best. Say what matters to them, what calms them, and anything that worries you.
- If it's approved, it can last up to 12 months and may come with conditions the home must follow.
- A representative is appointed. Called the Relevant Person's Representative (RPR), this is often a family member. Their job is to stay in touch, keep an eye on things, and raise concerns.
Councils have long backlogs, so you may hear nothing for months after the first letter. That's frustratingly common, and it doesn't stop the home caring for them in the meantime.
What Changed in June 2026
On 2 June 2026, the Supreme Court changed the test for what counts as a deprivation of liberty. Since 2014, the rules had treated a very large number of care home residents as "deprived of liberty". The new approach looks at each person's situation as a whole, including their wishes and feelings.
In practice, that means fewer people are likely to need a DoLS than before. Homes and councils are still working through what it means, so you may or may not get a letter, and some existing authorisations may not be renewed. If you're unsure, ask the home whether they've applied, what restrictions are proposed and why, and how your loved one's wishes are being taken into account.
The Government has also said it will consult on replacing DoLS with a new scheme, the Liberty Protection Safeguards. Until that happens, DoLS remains the system in use.
If You Have Power of Attorney
A health and welfare Lasting Power of Attorney doesn't on its own replace a DoLS, but it does mean you should be consulted about decisions. Tell the home and the assessor that you're the attorney, and keep a copy of the registered LPA to hand.
If You Disagree
Start by talking to the home and the assessor. If that doesn't resolve it, the person (or their representative) can challenge a DoLS authorisation in the Court of Protection. Non-means-tested legal aid is available for these challenges, so cost shouldn't stop you asking a solicitor.
Questions Worth Asking the Home
- Have you applied for a DoLS, and why?
- What restrictions are in place day to day, and are any of them avoidable?
- Who is their representative, and how will we be kept informed?
- Has anything changed since the June 2026 ruling?
Common Questions
Does a DoLS application mean something has gone wrong?
No. It's a legal safeguard to check that care arrangements for someone who can't consent are necessary and in their best interests. It isn't a finding that anyone has done something wrong.
Do all care home residents with dementia need a DoLS?
Not necessarily. Since a Supreme Court ruling on 2 June 2026, the test is more individual, and fewer residents are likely to need one. Ask the home whether they've applied and why.
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This page can’t cover every situation. If something’s still unclear, send us a quick message and we’ll do our best to help or point you in the right direction. For support right now, Admiral Nurses (via Dementia UK) offer free specialist advice by phone, and Marie Curie has a free support line for anyone affected by a terminal illness.