Deprivation of Liberty Safeguards: what changed in June 2026, when to apply, and what CQC expects

DHSC’s guidance lists what to weigh for each person:

• The type of restrictions, such as locked doors, physical control, supervision, sedating medication and social isolation
• How long the restrictions last
• Their effects on the person, and the way they’re carried out
• Whether the person objects
• How far the situation is from detention in a prison cell
• How normal the arrangements are
• The purpose of the arrangements

For a deprivation of liberty, someone must impose restrictions on the person against their will. Any objection points towards a deprivation of liberty, and a person going along with their care doesn’t automatically mean they consent.

Where you’re in any doubt, the guidance says to keep using the DoLS process in care homes and hospitals, and the court process in other settings. When a person moves between appearing content and appearing to object, refer them to the local authority.

1. Decide whether the person is, or is likely to be within the next 28 days, deprived of their liberty in your care home or hospital, using the factors above.
2. Ask the supervisory body for a standard authorisation. That’s the local authority for the area where the person ordinarily lives.
3. If the need is too urgent to wait, give an urgent authorisation yourself, in writing. It lasts up to 7 days, and the local authority can extend it once, by up to 7 days, for exceptional reasons.
4. The local authority arranges six assessments: age, mental health, mental capacity, best interests, eligibility and no refusals. The assessors must complete them within 21 days of your request, or before an urgent authorisation ends.
5. If every assessment is positive, the local authority grants the standard authorisation for up to one year and can attach conditions. It appoints a representative for the person.
6. Explain to the person, both in speech and in writing, what the authorisation means, their right to challenge it in court and their right to ask for a review.
7. Notify CQC of the outcome without delay.
8. If the authorisation is still needed, ask for a new one before it expires, timed to start when the current one ends.

DHSC says that where a person with a DoLS authorisation is no longer deprived of their liberty under the new approach, their case should be reviewed as soon as practicable. Leaving the authorisation in place in the meantime doesn’t mean the person is unlawfully deprived of their liberty, and you can reduce restrictions without a review or a new authorisation.

As the managing authority, you must ask the local authority for a review when any of the requirements behind an authorisation appears to need one.

DHSC also asks care home providers and managers to share the ruling across their organisation, train their staff on it, and review their policies, protocols, websites and leaflets.

DHSC’s official statistics for England, published in March 2026, show for the year to 31 March 2025:

• 364,900 applications received, up 9.8% on the year before
• 58% of applications came with an urgent authorisation
• 118,850 applications not completed at the year end, down 4.0% from 123,790
• 126 days on average from receipt to completion, down from 144
• 21.1% of standard applications completed within the 21-day limit
• 97.5% of fully assessed applications granted

DHSC expects the ruling to reduce the number of authorisations significantly in the long term.