Yogi Amin
Partner and National Head
Unlawful Deprivation of Liberty in a Care Home
If you or someone you know are facing restrictions in a care home that you think are unlawful, we may be able to help.
What do I do if someone’s being wrongly deprived of their liberty in a care home?
If a person cannot make decisions about their own care, care homes may need to put restrictions in place to keep them safe.
These arrangements can include close supervision, support with everyday decisions, restrictions on where the person can go, medical treatment, and, in some cases, physical restraint.
Health and social care bodies must consider the person's individual circumstances, including the restrictions in place and the person's wishes and feelings, to decide whether the arrangements amount to a deprivation of liberty. If they do, the arrangements may need formal legal authorisation under the Deprivation of Liberty Safeguards (DoLS).
Our Public Law & Human Rights experts can help you if:
- A local authority is not properly following the rules
- Someone is being deprived of their liberty without the necessary legal authorisation
- You need to appeal decisions made by someone's deputy or attorney about their care
- You need to make a compensation claim for an unlawful deprivation of liberty
- Someone lacking capacity has expressed a wish to challenge a deprivation, but no one has issued a case in the Court of Protection on their behalf.
We can help you choose the proper course of action, represent you in the Court of Protection, make a claim for compensation under the Human Rights Act, or help you become a deputy for someone whose rights have been wrongfully taken away.
What are Deprivation Of Liberty Safeguards (DoLS)?
A 'deprivation of liberty' is when an adult without mental capacity to make decisions about their care, is subject to confinement and they are not happy with the restrictions on their liberty. This involves a multifactorial test which was established by a recent landmark Supreme Court case (A Reference by the Attorney General for Northern Ireland [2026] UKSC 16). We have been instructed to act for parties in the main precedent setting legal cases in this area.
Where a person is deprived of their liberty proper authorisation is needed, even where there’s good reason for the deprivation of liberty. It is a method of adult safeguarding and human rights protection in care settings.
In some settings such as care homes and hospitals, you can get authorisation through the ‘Deprivation of Liberty Safeguards’, which allows local councils to authorise deprivation of liberty. However, in many circumstances this authorisation can only come from the Court of Protection.
Disputes over this issue can be extremely complex. We are experienced in representing the relevant person or family members in this field.
Speak to our experts
We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.
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Complete our enquiry form and one of our experts will contact you by the next working day.
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Frequently asked questions about DoL in care homes
A deprivation of liberty occurs when restrictions placed on a person’s care and living arrangements are so significant that they amount to a loss of their freedom. Whether this is the case depends on the person's individual circumstances, including the nature of the restrictions and their wishes and feelings.
Article 5 of the Human Rights Act protects the right to liberty. If arrangements amount to a deprivation of liberty, they must be authorised through a legal process. For people who lack capacity to make decisions about their care, this will often involve the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards (DoLS).
The Mental Capacity Act 2005 allows restrictions to be placed on a person's care and living arrangements where this is necessary and lawful. In some cases, those restrictions may amount to a deprivation of liberty.
There are three elements that need to be present before a care arrangement can be said to amount a deprivation of liberty:
- Objective element: The arrangements place significant restrictions on the person's freedom. Whether this amounts to a deprivation of liberty depends on the person's individual circumstances, including the nature, duration and effect of the restrictions.
- Subjective element: The person does not validly consent to the arrangements. A person's wishes and feelings are a key part of this assessment, even if they lack capacity to make decisions about their care and residence.
- State involvement: The arrangements are attributable to the state, for example because they are arranged, authorised, funded or known about by a local authority, NHS body or other public authority. If all three elements are present, legal authorisation may be required to protect the person's rights.
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