Good to know
The biggest DoLS trap changed in June 2026. The Supreme Court overturned the long-standing Cheshire West "acid test" (continuous supervision and control, not free to leave), so there is no longer a single automatic trigger. Care homes must now make an individual, recorded judgement on each resident, looking at the type, degree, and effect of the restrictions and whether the person can validly consent. A resident who appears genuinely content and accepts the arrangement may now be capable of valid consent, which was not the position before. The DoLS process itself still runs (applications go to the local authority under the Mental Capacity Act), and where there is any doubt you should still refer; but blanket-applying for everyone, or assuming nobody needs one, are now both wrong. For scale: care homes and hospitals made 364,900 DoLS applications in 2024-25, which took an average of 126 days against a 21-day statutory limit, so backlogs are real and your own records must stand on their own.
Source: Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 9 (person-centred care), Regulation 12 (safe care and treatment), Regulation 13 (safeguarding), Regulation 16 (complaints, including the 28-day duty to supply CQC a complaints summary on request), Regulation 17 (good governance), Regulation 18 (staffing), Regulation 19 and Schedule 3 (fit and proper persons employed). CQC (Registration) Regulations 2009, Regulation 18 (statutory notifications of abuse, police involvement, serious injury and DoLS authorisation requests). NICE Guideline SC1 Managing medicines in care homes (fridge 2-8C monitored daily; medicines room normally no higher than 25C). HSE ACOP L8 and HSG274 Part 2 (hot water 50C within one minute at the outlet, TMV-protected taps not exceeding 44C, cold water below 20C after two minutes). Health and Care Act 2022 s.181 and the Oliver McGowan Code of Practice (in force 6 September 2025). Mental Capacity Act 2005 Schedule A1 (DoLS) as modified by the June 2026 UK Supreme Court judgment redefining deprivation of liberty and overturning Cheshire West (2014); DHSC interim guidance 2026. CQC State of Care 2024-25 (DoLS application volumes and processing times). CQC assessment framework: the 2023 Single Assessment Framework is being replaced by sector-specific frameworks (draft published March 2026, finals expected late 2026), so confirm the current published framework before inspection.