Annual Report: Deprivation of Liberty Safeguards (DoLS) in Wales 2024-2025

DoLS provide essential legal protections for some of the most vulnerable people in our communities. They exist to protect the human rights of individuals who lack the mental capacity to make certain decisions about their care or treatment. The safeguards ensure that any restrictions on a person’s freedom are lawful, appropriate, and proportionate, and that decisions made on their behalf are in their best interests.

DoLS apply to adults aged 18 and over who cannot consent to their care arrangements in a hospital or care home. They provide a clear legal framework to prevent unlawful deprivation of liberty and help uphold the rights set out in the European Convention on Human Rights.

Key Findings

The report shows that more DoLS applications are being submitted across Wales, with a 10% (1,165) increase in applications to local authorities and a 23% (1,739) increase in applications to health boards in 2024-2025. There has also been an increase in the number of assessments completed, with local authorities carrying out 862 assessments, a 15% rise, and health boards completing 3,048 assessments.

However, the system continues to face significant challenges. Delays in allocating, assessing and authorising applications persist, meaning that many people continue to be deprived of their liberty without the legal safeguards designed to protect them. In many cases, statutory timeframes are not met by health boards or local authorities. Urgent authorisations continue to expire before an assessment can be completed, leaving people in legally uncertain situations. Some local authorities may benefit from reviewing their processes for urgent authorisations with managing authorities.

Local authorities also continue to face challenges in allocating further authorisation requests. This increases the risk that people may remain deprived of their liberty without the protection of an up‑to‑date assessment. It is vital that all supervisory bodies ensure applications are assessed within the timeframes set out in the Code of Practice.

The report also highlights inconsistent use of conditions across Wales. Conditions should be applied wherever they can improve outcomes for individuals, particularly where they can reduce or remove restrictions on a person’s liberty.

Despite these challenges, there are areas of positive practice. Most people continue to be supported and represented during the DoLS process, helping to ensure their rights and wishes are considered. However, ethnicity recording remains inadequate, 22% of local authority applications and 11% of health board applications did not record the person’s ethnicity. Without complete and consistent data, it is not possible to understand whether any groups may be disproportionately affected or disadvantaged by DoLS processes.

Looking forward

This year’s report highlights both areas of improvement and significant ongoing challenges. HIW and CIW remain committed to monitoring and reporting on the use of DoLS to ensure the safeguards function as intended and that people’s rights are upheld.