As the landscape of health and social care continues to evolve, understanding the legal frameworks that protect the rights of people at risks has never been more important. In 2026, Deprivation of Liberty Safeguards (DoLS) remain a framework that ensures that people who lack mental capacity are supported in a way that protects their human rights and care delivery is provided safely, ethically, and lawfully.

For professionals working in dementia care, mental health services, and residential or community-based support, DoLS is not simply a legal requirement, it is a key aspect of maintaining person led and person-centred practice. For families and caregivers, it provides reassurance that their loved ones’ rights and freedoms are being respected even when restrictive interventions which are deemed to be in the person’s best interests are implemented lawfully.

This article explores what DoLS means in practice today, why it matters, and how care providers can navigate its responsibilities with confidence and compassion.

What Are Deprivation of Liberty Safeguards?

DoLS were introduced under the Mental Capacity Act (MCA) 2005 to protect individuals who are unable to consent to their care arrangements and whose liberty is being restricted in a hospital or care home setting.

A deprivation of liberty may occur when a person:

• Is under continuous supervision and control
• Is not free to leave
• Lacks the capacity to consent to their care arrangements

These safeguards ensure that any such deprivation is lawful, necessary, proportionate, and in the person’s best interests.

In 2026, DoLS continues to serve as a cornerstone of safeguarding practice, reinforcing the principle that people living with dementia and cognitive impairment must be supported with dignity, respect, and legal protection.

Why DoLS Remains Essential in Dementia Care

People living with dementia are particularly vulnerable to situations where restrictions may be applied in the name of safety, locked doors, constant monitoring, or limitations on movement. While often well-intentioned, these measures can unintentionally remove autonomy and human rights if not properly assessed.

DoLS ensures:

• Decisions are scrutinised by an external authority
• The person’s wishes, feelings, and values are considered
• Families and advocates have a voice
• There is a right to challenge care arrangements

Rather than focusing solely on risk management, DoLS promotes balanced decision-making that supports independence wherever possible.

This reflects a growing shift in dementia care from managing behaviour to enabling meaningful life experiences, even in complex care settings.

The Practical Challenges in 2026

Despite its importance, DoLS can feel complex and overwhelming for professionals and families alike. Some ongoing challenges include:

• Delays in assessments due to service pressures
• Confusion between restriction and deprivation
• Inconsistent understanding of legal thresholds
• Emotional strain on families navigating legal processes

For care providers, the key challenge is ensuring staff have the confidence and knowledge to recognise when DoLS applies and how to act lawfully.

Training and education remain essential in helping teams embed lawful practice into everyday care planning.

Best Practice: Making DoLS Person-Centred

DoLS should never be seen as a purely administrative process. At its heart, it is about protecting the person.

Best practice in 2026 focuses on:

• Regularly reviewing care plans to minimise restrictions
• Exploring less restrictive alternatives
• Involving the person and their family wherever possible
• Ensuring advocacy support is available
• Embedding the principles of the Mental Capacity Act into daily practice

This approach supports not just compliance, but quality of life helping people with dementia remain connected to their identity, choices, and relationships.

Supporting Professionals and Organisations

Navigating DoLS effectively requires more than policy knowledge. It requires confidence, ethical reflection, and practical tools.

Organisations that prioritise:

• Continuous professional development
  Clear safeguarding frameworks
• Open discussion about ethical dilemmas
• Reflective practice

are better equipped to deliver safe, lawful, and compassionate care.

Understanding DoLS in 2026 is part of a wider commitment to protecting human rights while enabling independence, a balance that sits at the heart of modern dementia care.

Looking Ahead

As legislation and guidance continue to evolve, so too must our approach to supporting people who lack capacity. DoLS remains a powerful reminder that safety should never come at the cost of dignity.

By embedding person-centred values into legal practice, we ensure that care is not just compliant, but meaningful.

In a sector driven by compassion and professionalism, safeguarding is not a barrier—it is a foundation.

Take the Next Step With Us

Whether you are a professional, organisation, or family member supporting someone with dementia, staying informed and supported is essential.

Explore how PMH Consultancy & Education can support your journey:

Individual Membership
Gain access to expert guidance, training resources, and a supportive professional community.

[Individual membership]

Organisational Membership
Equip your team with practical tools, education, and confidence in safeguarding and dementia care best practice.

[Organizational membership]

Book a Free Discovery Call
Let’s discuss how we can support your organisation or professional development needs.

Subscribe to Our Newsletter
Stay updated with insights, legal guidance, and best practice in dementia care and mental capacity.