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CQC Compliance·

DoLS Explained 2026: Simple Guide for Care Homes

Deprivation of Liberty Safeguards explained in plain English. When to apply, the 5 key rules, application process, and what CQC inspectors check.

Statixs Compliance Team

Statixs

What is DoLS?

Deprivation of Liberty Safeguards.

If you stop someone from leaving your care home because they lack capacity, you might be depriving them of their liberty.

DoLS makes sure this is legal and in their best interests.


Do You Need DoLS? Quick Test

Question Answer
Is the person under continuous supervision? Yes / No
Are they free to leave if they wanted to? Yes / No

If YES to first AND NO to second: You need DoLS.


Examples

Needs DoLS

  • Person with dementia, doors locked, would be stopped from leaving
  • Constant one to one supervision, not free to leave
  • Covert medication given to someone who refuses

Does Not Need DoLS

  • Person knows the door code and can use it
  • Person goes out independently regularly
  • Regular observations but not constant supervision

The Five Rules

DoLS can only be authorised if:

  1. Person lacks capacity to decide where to live
  2. It is in their best interests
  3. It is necessary and proportionate
  4. There is no less restrictive option
  5. It has been properly authorised

How to Apply

Step What to Do
1. Assess Use the quick test above
2. Complete form Person's details, restrictions, why needed
3. Submit Send to your local authority
4. Wait They assess mental health, capacity, best interests
5. Receive decision Usually authorised for 6 to 12 months

Apply within 48 hours of identifying a deprivation.


Common Mistakes

Mistake What Happens
Applying too late CQC concern
Not applying when needed Unlawful deprivation
Letting it expire Compliance gap
Poor records Fails inspection

FAQs

How long does a DoLS authorisation last?
Standard authorisations last up to 12 months. The supervisory body decides the exact duration based on individual circumstances. Urgent authorisations last 7 days.

What is the difference between DoLS and LPS?
Liberty Protection Safeguards (LPS) was planned to replace DoLS but implementation has been delayed. Until LPS comes into force, DoLS remains the legal framework.

Who can apply for DoLS?
The care home manager (managing authority) applies to the local authority (supervisory body). The local authority then arranges assessments.

What does CQC check regarding DoLS?
CQC checks that applications are made promptly, authorisations are current, conditions are followed, and records are complete.


What CQC Looks For

  • Are applications made when needed?
  • Are they submitted promptly?
  • Are authorisations current?
  • Are conditions followed?
  • Are records complete?

Track DoLS Automatically

Statixs includes DoLS management:

Feature Included
DoLS register
Expiry alerts
Renewal reminders
Status dashboard
Complete audit trail

Never miss an expiry date again.

From £3 per user per month. All features included.

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Related: CQC Fundamental Standards | Safeguarding Guide | CQC Inspection Checklist

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