what is a dols order
A DoLS (or DoL) order is a legal authorisation that allows the state to lawfully deprive a person of their liberty in very tightly‑defined situations, usually to keep them safe when they cannot make certain decisions for themselves.
What is a DoLS / DoL order?
In England and Wales, “DoLS” stands for Deprivation of Liberty Safeguards , and “DoL/DoLS order” is often used to describe court or statutory authorisation to keep someone in a setting where they are under continuous supervision and not free to leave.
It exists so that public bodies (like councils, the NHS or children’s services) do not unlawfully detain people, and so that the person’s human rights are checked and protected by an independent legal process.
For adults in hospitals and care homes, DoLS is a framework under the Mental Capacity Act 2005 that applies where a person lacks capacity to consent to their care arrangements.
For children, “DoL(s) orders” usually refer to orders made by the High Court under its “inherent jurisdiction” authorising a deprivation of liberty in a placement that is not a standard secure children’s home.
How it works in practice
- The person is under continuous supervision and control, and is not free to leave – this is sometimes called the “acid test” for deprivation of liberty.
- Professionals believe the person lacks mental capacity to consent to these restrictions and that the restrictions may be needed to prevent harm and are in their best interests.
- A local authority, NHS body, or children’s services then either:
- use the statutory DoLS process (for adults in hospital/care homes), or
- apply to court (often the High Court or Court of Protection) to obtain a specific DoL/DoLS order.
The order or authorisation will normally spell out the specific restrictions that are allowed, such as locked doors, constant supervision, or use of physical restraint in very limited circumstances.
Without that authorisation, a care home, hospital or children’s placement risks unlawfully detaining the person, even if staff feel they are “just keeping them safe”.
DoLS orders for children
When people talk about “a DOLs order” for a child, they usually mean:
- A High Court order under its inherent jurisdiction authorising children’s services to deprive a child of liberty in a particular placement (often a children’s home or care home that is not formally registered as “secure”).
- It is commonly used for children with very high levels of need, high risk of harm to themselves or others, or repeated absconding, where intensive supervision, locked doors or physical restraint may be required.
The order must set out clearly which freedoms are being restricted (for example, if the child can be physically restrained, if they can go out unsupervised, or how many staff must accompany them).
Children’s services can only restrict the child’s liberty in the ways explicitly authorised by the court, and the court will usually review the case regularly.
Recent figures show that the number of children subject to these applications has risen sharply over the last several years, with applications in the hundreds per quarter and over a thousand children a year being made subject to DoL orders.
This increase has fuelled debate about whether the system is being used as a “safety net” for gaps in mental health and secure accommodation provision.
DoLS and adults in care
For adults, especially people living with dementia, learning disability or brain injury in care homes or hospitals, DoLS is about making sure that necessary restrictions are both lawful and proportionate.
Typical scenarios include:
- A person with advanced dementia who repeatedly tries to leave a care home and would be at serious risk if they did so, so doors are kept locked and staff closely supervise them.
- Someone in hospital who is confused, at high risk of falls, and is constantly supervised and not allowed to leave or refuse certain essential treatments, because they lack capacity to decide.
Families sometimes first hear about DoLS when a social worker or assessor visits a relative in a care home to check whether such an authorisation is needed.
Councils have built up large backlogs in authorising these, and regulators have repeatedly warned that the system is under serious strain and in need of reform.
Importantly, a DoLS assessment or order is not about property or finances, and it does not decide whether a house is sold or who manages money.
Those issues, if they arise, are usually dealt with by the Court of Protection through things like deputyships or lasting powers of attorney.
Latest developments and debates
There has been sustained criticism that the current DoLS regime is “broken” because:
- Applications have increased far beyond what was originally expected, causing huge administrative backlogs.
- Many people are deprived of their liberty for long periods before their authorisation is properly scrutinised.
- The process is seen as overly bureaucratic and confusing for families and frontline staff.
The government has therefore confirmed plans to replace DoLS with a new system called Liberty Protection Safeguards (LPS), which is intended to provide a single route for authorising deprivations of liberty for people aged 16 and over across all care settings.
Formal consultation on bringing LPS into force and revising the Mental Capacity Act Code of Practice is expected to move ahead, after several years of delay.
At the same time, judges, regulators and researchers are tracking and reporting on the continued, extensive use of deprivation of liberty orders in the family and adult justice systems.
Many commentators argue that while these orders are vital for protecting very vulnerable people, they should always be a last resort, coupled with strong safeguards and regular review.
TL;DR: A DoLS (or DoL) order is a legal authorisation that allows authorities to restrict a person’s freedom – for example in a care home, hospital or children’s placement – where they are under constant supervision and not free to leave, and where they lack capacity to consent, so that the deprivation of liberty is lawful, necessary and properly checked by the courts or a statutory process.
Information gathered from public forums or data available on the internet and portrayed here.