Aim of the course

The course aims to help health and social care workers recognise restrictions that may amount to a deprivation of liberty and understand the legal safeguards required to protect the individual’s rights.

It enables learners to:

1. Apply the Mental Capacity Act 2005 principles
2. Recognise potentially restrictive care arrangements
3. Understand the current multifactorial legal assessment
4. Identify and respond to verbal and non-verbal objections
5. Promote less restrictive alternatives
6. Understand the DoLS authorisation process
7. Support the person’s rights during an authorisation
8. Report changes, concerns or potentially unauthorised restrictions

Scope of the course

This course is suitable for:

1. Care assistants and healthcare support workers
2. Nurses and nursing associates
3. Senior carers and team leaders
4. Care-home managers and deputy managers
5. Hospital and care-home staff
6. Support workers and personal assistants
7. Staff supporting people with dementia, learning disabilities, autism, acquired brain injuries or other cognitive impairments
8. New employees and existing staff requiring refresher training

The course focuses primarily on DoLS in registered care homes and hospitals for people aged 18 or over in England and Wales.

For people living in supported living, shared lives, their own homes or other community settings, deprivation of liberty cannot be authorised through the standard DoLS process; the appropriate court route may be required. Deprivation involving children and young people also requires a different legal route.

The course supports understanding of:

1. Mental Capacity Act 2005
2. Mental Capacity Act 2005, Schedule A1
3. Human Rights Act 1998, particularly Article 5
4. Care Act 2014
5. Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
6. DoLS Code of Practice
7. The UK Supreme Court’s 2026 deprivation-of-liberty judgment
8. Relevant CQC requirements and guidance

The DoLS Code explains the authorisation criteria, roles of managing authorities and supervisory bodies, and the individual’s rights to representation, review and challenge. GOV.UK: Deprivation of Liberty Code of Practice

This awareness course does not qualify a learner to act as a Best Interests Assessor, Mental Health Assessor or legal adviser, or to approve a DoLS authorisation.

Topics covered

1. Meaning and purpose of DoLS
2. Relationship between DoLS and the Mental Capacity Act 2005
3. Article 5 of the European Convention on Human Rights
4. Difference between a restriction and deprivation of liberty
5. The 2026 Supreme Court judgment
6. Moving from the acid test to multifactorial assessment
7. Types, duration, effects and implementation of restrictions
8. Identifying verbal and non-verbal objection
9. Distinguishing compliance from genuine acceptance
10. Supporting the person to express wishes and feelings
11. Capacity and consent to care and residence arrangements
12. Best interests and proportionality
13. Less restrictive alternatives
14. DoLS eligibility and qualifying requirements
15. Standard and urgent authorisations
16. Managing authority and supervisory body responsibilities
17. The role of assessors
18. Relevant Person’s Representatives
19. Independent Mental Capacity Advocates
20. Conditions attached to an authorisation
21. Monitoring and reducing restrictions
22. Reviews, renewals and changes in circumstances
23. Challenging an authorisation through the Court of Protection
24. Unauthorised deprivation of liberty
25. DoLS in care homes and hospitals
26. Court authorisation in community settings
27. Record-keeping, reporting and escalation
28. Safeguarding concerns and professional accountability
29. Current position of the proposed Liberty Protection Safeguards

Learning outcomes

By the end of the course, learners should be able to:

1. Define deprivation of liberty and explain the purpose of DoLS.
2. Describe how DoLS relate to the Mental Capacity Act 2005 and Article 5.
3. Explain where and to whom the standard DoLS process applies.
4. Distinguish restrictions on movement from arrangements that may amount to deprivation of liberty.
5. Explain why the previous single acid test is no longer the complete legal approach.
6. Identify the factors required by the 2026 multifactorial assessment.
7. Recognise verbal, behavioural and other indications that a person may be objecting.
8. Explain why apparent compliance does not automatically establish consent.
9. Describe how to support a person to communicate their wishes and feelings.
10. Explain the importance of capacity, best interests, necessity and proportionality.
11. Identify practical ways to reduce or avoid restrictive arrangements.
12. Recognise the six DoLS qualifying requirements.
13. Distinguish between standard and urgent authorisations.
14. Identify the responsibilities of managing authorities and supervisory bodies.
15. Describe the roles of assessors, representatives and advocates.
16. Explain the person’s rights to information, representation, review and challenge.
17. Recognise when changes in circumstances or restrictions require review or escalation.
18. Identify potentially unauthorised deprivation of liberty.
19. Explain when the Court of Protection route may be required.
20. Record and report restrictions, objections and concerns according to workplace procedures.

Important current legal position

On 2 June 2026, the UK Supreme Court changed the legal approach to identifying deprivation of liberty. The previous single “acid test” from Cheshire West—continuous supervision and control combined with not being free to leave—is no longer the complete legal test.

A multifactorial assessment must now consider:

1. Type and intensity of the restrictions
2. Duration of the restrictions
3. Effects on the individual
4. How restrictions are implemented
5. Whether the person objects
6. The relative normality of the arrangements
7. The purpose of the arrangements
8. The person’s wishes, feelings and ability to express acceptance

No single factor is decisive. Continuous supervision and whether someone is free to leave remain relevant, but they are no longer a standalone acid test. GOV.UK: 2026 Supreme Court judgment on deprivation of liberty

Current LPS position

The Mental Capacity (Amendment) Act 2019 created the planned Liberty Protection Safeguards, but they have not replaced DoLS. No implementation date has been announced, so organisations must continue using the existing DoLS and court processes while monito