Deprivation of Liberty Safeguards - Annual Monitoring Report for Health and Social Care 2024–2025

The Deprivation of Liberty Safeguards (DoLS) provide a legal framework under the Mental Capacity Act 2005 to protect individuals who lack capacity and are deprived of liberty in care homes or hospitals. Introduced in 2009 and expanded by the Cheshire West ruling March 2014, DoLS aim to ensure such arrangements are lawful and in the person’s best interests.

Key findings

• There was a 10% (1,165) increase in the number of applications received by local authorities during 2024–2025, whilst there was a 23% (1,739) increase in the number of applications to health boards during 2024–2025.
• Persistent delays in allocating, assessing, and authorising DoLS applications continue to leave many individuals in Wales unlawfully deprived of their liberty, without legal safeguards or recourse. Without urgent reform, these systemic failures are likely to persist, denying vulnerable people the protections they are entitled to.
• There was a 15% (862) increase in the number of applications assessed by local authorities in Wales whilst 3,048 applications were assessed by health boards, which is an increase on previous years.
• The length of time taken by local authorities and health boards to assess the applications must improve, as many applications are not assessed within statutory timeframes.
• Many urgent authorisations continue to expire before the required DoLS assessments can
  be undertaken. Some local authorities should review their current procedures for urgent authorisation with managing authorities.
• Many local authorities continue to face challenges in allocating the volume of requests received for further authorisations. This increases the risk of people being deprived of their liberty without the continued protection of the safeguards. All supervisory bodies must ensure people’s rights are protected and assessments for all applications are undertaken within stipulated number of days as set out in Code of Practice.
• The use of conditions by local authorities and health boards varies, with some regions using them more than others. Supervisory Bodies should continue to ensure conditions are used where necessary and are focussed on improving outcomes for people including reducing or removing the deprivation.
• Most people continue to be supported and represented in matters relating to their deprivation of liberty. This is positive practice. 
• Ethnicity recording remains inadequate and must be addressed, as currently 22% of local authority and 11% of health board applications are not recording the ethnicity of the applicant. Without consistent and complete ethnicity data, it is not possible to assess whether certain groups are disproportionately affected or disadvantaged.