Deprivation of Liberty Safeguards (DOLS)

DoLS are human rights based law that are part of the wider Mental Capacity Act. They apply to people in care homes and hospitals who are 18 or above. Their aim is to see if the person can make the decision for themselves about where they reside for their care and support. If they are able the person decides for themselves. If they are unable then the DoLS process considers if the arrangements are necessary, proportionate, and in the person’s best interests.  

Who can make an application ?

Care homes and hospitals are obliged to make applications to the local authority where they believe that the circumstances of a person’s care amount to a deprivation of liberty. If a person or a third party, such as a family member or professional, believes that a deprivation of liberty is occurring without the necessary authorisation, then they should contact the DoLS Office to discuss.

How should care homes and hospitals make an application ?

Where the person is already in circumstances that may be a deprivation of liberty then a DoLS referral form should be completed. If the person has already been subject to a DoLS authorisation and this is coming to an end or there is a plan to implement care arrangements that may amount to a deprivation of liberty in the next 28 days then the DoLS request for further authorisation form should be used. Applications should be sent to the DoLS Office via the contact details below.  

When should an application be made ?

The test to determine if the circumstances of a person’s care amount to a deprivation of liberty has changed significantly following a Supreme Court judgement in June 2026. This ruling is often referred to as the ‘AGNI’ judgement.

Determining if a person’s circumstances constitute a deprivation of liberty now involves consideration of the person’s individual circumstances. This differs from the situation previously which involved a universal ‘acid test’.

Reading Borough Council has developed a reflective tool to help care homes and hospitals to consider if a DoLS referral should be made. This tool can be used to supplement information on the DoLS referral forms.

No single factor now determines whether a person is deprived of their liberty. However, if a person is objecting to where they reside or to elements of their care then a referral should be made. That objection may be verbal but may also be seen in the person’s behaviour.

Similarly, if a person’s ability to object is affected then a referral should be made. Factors that might negatively affect the person in this respect are psychotropic, sedating, or covert medication and / or the person being subject to coercion, undue influence, or pressure.

If care homes or hospitals are unsure about whether to make an application, they should contact the DoLS Office to discuss.

What happens if a DoLS is granted ?

A DoLS authorisation may be granted up to a maximum period of 1 year. A person who is subject to a DoLS authorisation will have a representative appointed who could be a family member, friend, or a professional advocate.

That representative must be able and willing to challenge the DoLS authorisation if the person is objecting to their care arrangements. That challenge will often involve asking the DoLS Team or the Court of Protection for a review.  

Where do I make a referral or contact the DoLS Office in Reading ?

Email: DoLS@reading.gov.uk

DoLS Team, Adult Social Care, Reading Borough Council, Bridge Street, Reading, RG1 2LY.

Phone:  0118 937 2234