Changes to Deprivation of Liberty: A Guide for Families

When someone you love is living with dementia, the thought of their freedom being restricted can weigh heavily on the heart. So when the rules around decisions relating to their care and treatment change, it is only natural to want to understand what those changes mean for them. In June 2026, the Supreme Court made changes to the way a deprivation of liberty is determined, which impacts on the application of the Deprivation of Liberty Safeguards, known as DoLS, and how they are assessed within care and hospital settings.

Please be reassured that these changes are about the legal process, not about the compassion and care your loved one receives each day. While some Governmental guidance has been issued on the application of the new test, further and more comprehensive official guidance is still awaited, so some of the details may develop over the coming months. In the meantime, we explain what deprivation of liberty means, what has changed, and what it means for families.

What is a deprivation of liberty?

The word "deprivation" can sound alarming, yet the safeguards that exist when a person is found to be deprived of their liberty do the very opposite of harm. When someone who lacks capacity to make decisions about their care and where they live, is found to be deprived of their liberty in a care home, the Deprivation of Liberty Safeguards (DoLS) are there to safeguard the person, not to limit them without good reason.

The DoLS provide legal protection for people who lack capacity to consent to their care and living arrangements, and who need restrictions in place to keep them safe and meet their needs. Examples may include close supervision, one-to-one care, locked doors, or measures that prevent someone from leaving the home independently when doing so would put them at significant risk.

The purpose of the DoLS is never to restrict freedom unnecessarily. It is to make certain that any restriction is:

• In the person's best interests
• Necessary to prevent harm
• Proportionate to the likelihood and seriousness of that harm, and
• The least restrictive option available

The safeguards also provide independent assessment, representation, a right to review, and a right to challenge the deprivation in the Court of Protection. 

At their heart, these legal safeguards protect vulnerable people who could be at risk of harm who are living with conditions, like dementia. The DoLS desire to ensure, as far as possible, that their rights, dignity, and best interests remain at the centre of every care decision. Families are involved wherever possible, and will be informed about assessments and any DoLS authorisations affecting their loved one.

What has changed?

Change can feel unsettling when it concerns someone important to you, so it helps to understand exactly what has happened. In June 2026, the Supreme Court changed the rules about when a person, including a person who lives in a care home, is considered to be "deprived of their liberty".

Until now, many people who lacked capacity to make decisions about receiving specific care in a specific care home, for example due to living with dementia or a learning disability, were determined to be deprived of their liberty, because they were under continuous supervision and control, and not free to leave. The Court has now said that the test must be more flexible than the previous checklist approach, and grounded  in the person’s concrete situation. Before determining that a person is deprived of their liberty, the assessor must have regard to a full range of relevant considerations. 

What does the new test look at?

The new approach asks professionals to look at the person, and at how their life feels, rather than only asking whether they are subject to continuous supervision and control and not free to leave. 

Professionals must now consider the person's full circumstances, including:

• Their day-to-day experience
• How long restrictions last
• How the person feels about their care
• Whether they seem content or unhappy
• Whether they are objecting to the arrangements. 

Importantly, the Court said that a person who lacks capacity to make decisions about their care and living arrangements can still "consent" to the restrictions arising from those care and living arrangements. This means that a settled, contented life in a caring home may not legally amount to a deprivation of liberty at all.

What does this mean for your loved one?

Understandably, families want to know what all of this means in practice. The most reassuring point is that the care itself continues just as before. The changes, from your point of view,are as follows:

• Fewer people will be deprived of their liberty, so fewer people will need DoLS authorisations.
• Care does not automatically change. The judgment affects the legal test, not the person's needs or how they should be met
• There may be a period of uncertainty while care homes and councils adjust.
• Safeguards for your loved ones may reduce, because fewer people will qualify for the extra protections available under the DoLS procedures.
• Advocacy becomes more important, to make certain the person's wishes are always heard.

What protections remain in place?

If you take one thing from this article, let it be this: the law continues to stand firmly around your loved one. Even if someone is no longer considered to be deprived of their liberty, care homes must still  act lawfully in compliance with various other laws and duties including obligations to: 

• Assess capacity lawfully and make decisions in the person’s best interests, including through consultation with family members, in compliance with the Mental Capacity Act 2005.Safeguard the individual from abuse or neglect, promote their wellbeing and ensure lawful care planning pursuant to the Care Act 2014.
• Protect their right to private and family life under Article 8 of the European Convention on Human Rights
• Comply with the Care Quality Commission’s (CQC’s) Fundamental Standards, including requirements concerning person-centred care, dignity, consent, safe care, safeguarding from abuse and improper treatment, and appropriate restrictions on freedom, and 
• Comply with common-law duties of care and, where applicable, NHS Continuing Healthcare obligations 

These legal duties have not changed, and the commitment behind them has not wavered.

What should families do now?

A good care provider will walk alongside families through each step. At KYN, the things to be aware of are gentle and straightforward:

• KYN will inform families, and arrange a meeting, when any relevant new Government guidance is published, 
• KYN will contact families where any resident currently has a DoLS authorisation, to review whether it is still required. This will normally take place as part of the routine monthly care plan review.
• Families and the care team will consider together whether any restrictions in place remain necessary on an ongoing basis, as part of the usual care planning approach.

For all new residents, and for existing residents whose authorisations are expiring, KYN will apply the new principles when undertaking consideration of the deprivation of liberty position and any onDoLS applications. Many residents who are deprived of their liberty despite the changes to the relevant test, will need an urgent DoLS authorisation on admission, though this may no longer be required once they have settled happily into the home.

Reassurance at the heart of every decision

Legal frameworks may evolve, but the promise at the centre of good care does not. These changes affect the legal test, not the comfort and support a resident receives at KYN. Their rights, dignity, and wellbeing remain at the centre of every decision our caring home makes.

Families with a loved one living at a KYN home are always welcome to speak with their home manager, who will be glad to talk through what these changes mean for their relative.