Recent statistics on deprivation of liberty safeguards (DoLS) applications indicate that whilst practitioners are working tirelessly to address the considerable backlog, a system overhaul is urgently required to address the growing number of applications following Cheshire West.
DoLS applications increased by 9.8% to a record 364,900 between 1 April 2024 and 31 March 2025, again emphasising the enduring need for a more efficient and effective system.
Of the total number received, 58% had an urgent authorisation attached over this period. A total of 353,935 applications were completed, which was up 9.3% from the previous 2023/24 reporting period.
The latest figures show that of the completed applications, 159,665 (45.1%) were fully assessed, 16,130 (4.6%) were partially assessed and 178,140 (50.3%) were closed without any assessments.
Almost 4,000 (2.5%) of fully assessed application for DoLS were not granted, a slight decrease from 3.0% in 2023-24.
Backlog reduces slightly
Although the number of completed applications is consistently lower than the number of applications received, the gap between the two has narrowed with the backlog down 4% to 118,850 in 2024/25, compared to 123,790 in the previous reporting period. It is the second consecutive year that the DoLS backlog has seen improvement.
Figures show that 21% of applications were completed in the statutory timeframe of 21 days, which is up 2.5 percentage points from 18.6% in 2023/24.
Of the 353,935 applications for DoLS that were completed in 2024/25, the mean average time taken to complete an application was 126 days. This was down from 144 days in 2023/24.
Solicitor and Bond Solon trainer, Max Duddles writes: “Many supervisory bodies are working extremely hard to reduce the backlog in their areas and we are seeing, especially in in the north east, several areas which now have no backlog and 100% of all assessments being completed with the 21-day statutory time period. It is a testament to the hard work and dedication of everyone involved that these figures continue to decrease year on year, but, sadly, there is still plenty of work left to do.”
The latest DoLS data, published on 26 March, covers the period 1 April 2024 to 31 March 2025. The data has been collected from all 153 local authorities, who have responsibility for authorising deprivations of liberty of adults in care homes and hospitals.
This year is the first time that the DoLS report has been published by the Department of Health and Social Care. In previous years it was published by NHS England.
The legal framework
DoLS are the legal framework by which authorities decide whether a ‘deprivation of liberty’ is in the best interests of individuals who lack the mental capacity to consent to arrangements for their care.
The number of DoLS applications each year has been steadily rising over the last ten years from 195,840 in 2015/16 to the most recent figure of 364,900. Although the number of completed applications is consistently lower than the number of applications received, the gap between the two has narrowed from 90,785 in 2015/16, to 10,965 in 2024/25.
The massive backlog in applications dates back to the Cheshire West decision more than ten years ago, which effectively lowered the threshold for defining a deprivation of liberty under Article 5 of the European Convention on Human Rights.
The government committed to replacing DoLS with the Liberty Protection Safeguards back in 2019, but a consultation in 2022 failed to lead to any changes. A consultation on the Liberty Protection Safeguards to improve safeguarding for vulnerable people has been promised for early this year but as yet nothing has been announced.
We are of course awaiting the Supreme Court decision in the Attorney General for Northern Ireland’s application to amend the (Northern Ireland) Deprivation of Liberty Safeguards Code of Practice. If granted, this would mean a potential end to the reversal or weakening of the 2014 “acid test” ruling in Cheshire West, which states that continuous supervision and lack of freedom to leave constitutes a deprivation of liberty. If overturned, it could reduce the high volume of DoLS applications and shift focus away from comparing care settings to a "gilded cage".
How can we help?
Bond Solon offers several training packages for health and social care professionals that need to navigate the DoLS. These include an Essential Toolkit on the Mental Capacity Act and the Deprivation of Liberty Safeguards, and Advanced Deprivation of Liberty Safeguards Training, and the Best Interest Assessor Qualification.