Request for new and further Standard Authorisation for Deprivation of Liberty and DoLS review

On 2 June 2026, the UK Supreme Court made an important decision that changes how "deprivation of liberty" is understood in adult social care.

This affects how care homes and hospitals (managing authorities) apply the Deprivation of Liberty Safeguards (DoLS), which have been used since 2014.

What the judgment means

The court has removed the previous rule from the Cheshire West case (2014). The rule said someone was deprived of their liberty if they were under constant supervision and not free to leave, even if they seemed happy or did not object.

The court said decisions must now be based on the person’s individual situation, which includes the:

• nature and impact of restrictions
• purpose of care
• setting
• duration and intensity of restrictions
• person’s wishes and feelings

The court also said that, even if someone lacks formal mental capacity, their wishes and feelings can still show valid consent.

Read more about the Supreme Court judgement on GOV.UK

Important things to consider before making a DoLS referral

You need to use a DoLS – form 1 to request an assessment if:

• it appears to the managing authority that the person is, or will be, a detained resident
• means that the person is likely to meet a multi-factorial test and not be able to give valid consent. We are looking for information and evidence about:
  • the type, duration, effects, and manner of implementation of the measures
  • whether the person is compliant or objecting, expressing a wish to leave, or trying to leave
  • whether the person’s current or prior wishes suggest that they would want to leave
  • whether coercion is present, or the use of sedative medication
  • whether the measures in place go beyond what you would expect in that setting
  • information about the relative normality of the placement
  • information about why the measures are in place
  • information about whether the arrangements are in line with the person’s wishes and feelings
  • information about whether the person can physically leave, or if their wish to leave would be facilitated or denied

How to make a DoLS request

Use the following forms to make a DoLS request:

• New DoLS Standard Authorisation request – form 1
• Further DoLS Standard Authorisation request – form 2
• DoLS review of an existing Standard Authorisation (part 8) – form 10

When you submit a form with a valid email address, you will receive a PDF version.

Page last updated: 9 July 2026