Almost 70% of local authorities require improvements to Deprivation of Liberty Safeguards arrangements, study finds

In a new analysis of Care Quality Commission (CQC) assessments of local authorities, as of August 2025, the SCIE observed that 67% of local authorities inspected were found to require improvements to their Deprivation of Liberty Safeguards (DoLS) arrangements.

The analysis found that the most frequent issue raised in CQC inspections was the failure to process deprivation of liberty requests lawfully or on time, and that local authorities themselves cited staffing shortages and rising demand as “key drivers” of the backlog.

The organisation said: “This is occurring against a backdrop of soaring requests, with over 332,000 DoLS applications made in 2023/24, a stark contrast to the original Government estimate of just 21,000 per year.

“In practice, only 19% of these are completed within the 21-day legal requirement, with significant numbers waiting between 12 and 18 months for completion.”

As a result of its findings, the SCIE called for the following:

• renewed Government commitment to the Mental Capacity (Amendment) Act, with a roadmap for review and implementation;
• publication of updated Codes of Practice, which have not been revised since 2007, despite major legal developments;
• investment in workforce training, supervision and post-qualification development so professionals can confidently and lawfully apply the MCA;
• revisiting the core principles of the Liberty Protection Safeguards (LPS) model, enabling a more flexible, portable and person-centred approach to deprivation of liberty;
• strengthening of CQC inspections, so that failures in applying the MCA itself (not just DoLS backlog) are monitored and addressed.

The Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and were due to replace the current Deprivation of Liberty Safeguards (DoLS) system.

However, in April 2023, the then Government announced its decision to delay the implementation of the Liberty Protection Safeguards ‘beyond the life of this Parliament’.

In June this year the Minister of State for Care, Stephen Kinnock, said he was “not entirely convinced” that replacing DoLS with the Liberty Protection Safeguards would achieve the stated objectives of the exercise.

Chief Executive of the Social Care Institute for Excellence, Kathryn Marsden, said: “This new analysis paints a bleak picture; outdated guidance, overstretched councils and legal uncertainty are resulting in unlawful detentions, avoidable deaths and a system unable to meet demand.

“Every day, people are being deprived of their liberty without legal authority, often because the system to protect them is overwhelmed or misunderstood.

“[…] The concern is that while other parts of the legal and policy framework are being modernised, such as the Mental Health Bill and potential assisted dying legislation, they are being built on a foundation that is crumbling.”

She added: “The Mental Capacity Act is the bedrock of these reforms. If that foundation is not functioning, then nothing built on it will be stable.

“Reform cannot wait for the long legislative cycles of Government. While the full implementation of LPS may still be some way off, urgent action is needed to stabilise and improve the current system.”

The Department for Health and Social Care has been approached for comment.

Lottie Winson