Deprivation of Liberty Safeguards (DoLS)

Community Deprivation of Liberty (CDOL)

Some people need significant care and support in their daily lives, especially those who may lack the mental capacity to make decisions about their care or treatment. This can include people with dementia, learning disabilities, brain injuries, or mental health conditions.

When care arrangements are put in place that restrict a person’s freedom - such as constant supervision or not being free to leave their home - this may be considered a deprivation of liberty. 

The law requires that such situations are carefully assessed and legally authorised to protect the person’s human rights.

About the Community Deprivation of Liberty (CDOL)

A CDOL applies when a person aged 16 or over is:

• not free to leave their care setting
• under continuous supervision and control
• unable to give valid consent to these arrangements
• cared for under arrangements made or known by the council or NHS

This can happen in:

• their own home
• a family home
• supported living
• shared lives arrangements

Examples of situations that may indicate a deprivation of liberty include:

• locked doors or restricted movement within the home
• use of medication to manage behaviour
• constant supervision by carers or family
• use of CCTV or monitoring devices
• support with daily living that follows a strict schedule not chosen by the person

Importantly, being identified as deprived of liberty does not mean anyone is doing anything wrong. It means the care arrangements must be legally authorised and regularly reviewed.

How CDOL authorisation is granted

The Court of Protection decides whether to approve the arrangements.

There are 2 types of application:

• Streamlined (Re X) process: Used when there is no objection to the care arrangements
• Welfare application: Used when there is an objection, requiring a court hearing

The court may authorise the arrangements for up to 12 months. If the care plan changes significantly, or the order is due to expire, a new application must be made.

Rule 1.2 representative

A Rule 1.2 representative acts on behalf of the person during the court process. This is usually a family member or friend.

Their role is to:

• review the care arrangements
• confirm whether they agree with the proposed care
• decide if a court hearing is needed
• submit a witness statement to the court

If no suitable person is available, the court may appoint an independent representative.

Tell us if you think someone is deprived of their liberty

If you are a family member, friend or care provider and believe that someone you support in a community setting may be deprived of their liberty, please let us know.

You can do this by:

• speaking directly to the person’s allocated social worker, if known
• contacting the Adult Social Care team by phone or email

When contacting us, please provide as much information as possible about:

• the person’s care arrangements
• whether the person is objecting to the care arrangements
• why you believe they may be deprived of their liberty

We will review the situation and take appropriate steps to ensure the person’s rights are protected.

Last updated 15 August 2025