When a resident with dementia or a similar condition is not free to leave a care home and is under continuous supervision, this can amount to a "deprivation of liberty" in law — even when it is entirely for their own safety. The Deprivation of Liberty Safeguards (DoLS) exist to make sure this is only done with proper authorisation and oversight.
What counts as a deprivation of liberty
The key test, established through case law, looks at whether a person is under continuous supervision and control and is not free to leave. This can apply even in a caring, well-run home, if the resident lacks the capacity to consent to the arrangements and would be prevented from leaving if they tried.
Who authorises it
A care home must apply to the local authority for a DoLS authorisation before, or as soon as possible after, such arrangements begin. The application involves an assessment of the person's mental capacity and whether the arrangement is in their best interests, carried out by trained assessors independent of the care home itself.
What rights the resident and family retain
A DoLS authorisation comes with a Relevant Person's Representative (RPR) — often a family member — who has a role in supporting and representing the resident's interests, including the right to request a review or challenge the authorisation through the Court of Protection if the family believes it is no longer appropriate.
Why this matters to families choosing a care home
Ask any care home you are considering whether they have current DoLS authorisations in place for residents who need them, and how they handle the process. A home with a clear, well-managed approach to DoLS is generally also well-organised on the broader question of dignity and resident rights.
What to do if you're concerned
If you believe a family member is being deprived of their liberty without proper authorisation, or that an existing authorisation is no longer appropriate, raise it directly with the care home and, if needed, with the local authority DoLS team or the Court of Protection.
How to use this guide in practice
Don’t read this as general information — use it as a worksheet. Write down the details of the person who needs care, the current limits of the situation at home, the monthly budget, the documents you already have, whether a local-authority financial assessment may apply, and who you’ve already spoken with. Then turn every unclear point into a specific question. A family that arrives with a clear picture usually gets more useful answers than one calling under stress with scattered information.
Keep one simple rule: anything about admission, cost, funding, timelines and whether a care home fits must be confirmed directly with the care home or the competent authority serving your area. This guide prepares the search — it does not replace official decisions.
Want a clear shortlist before you start calling?
If you don’t know which care homes to contact first, Curalune Care Help can prepare an ordered shortlist of 3–5 suitable options — with CQC ratings, contacts, useful links and a ready-to-send inquiry.
The service helps you organise the search.£69, one-off. If you don't receive at least 3 homes matching the area and criteria you gave us, we refund you in full. It does not replace the care home’s own assessment and does not guarantee admission, price or bed availability.
Important limit
Curalune offers practical help with the search and orientation. Admission, pricing, bed availability and the final assessment always rest with the care homes and the competent authorities (the local authority, the NHS, the Care Quality Commission).
