Delays Leave Vulnerable People Without Safeguards, Wales DoLS Report Warns
Persistent delays in the Deprivation of Liberty Safeguards (DoLS) system are leaving some of Wales’ most vulnerable individuals without legal protection, according to a new annual monitoring report published by Care Inspectorate Wales and Healthcare Inspectorate Wales.
The report, covering 2024–2025, highlights mounting pressure across both local authorities and health boards, with rising application numbers and ongoing systemic challenges impacting the timely delivery of safeguards.
DoLS, introduced under the Mental Capacity Act 2005, provide a legal framework to protect individuals who lack capacity and may be deprived of their liberty in care homes or hospitals. The safeguards were significantly expanded following the Cheshire West ruling, which widened the definition of deprivation of liberty.
The report reveals a continued increase in demand for DoLS authorisations across Wales. Applications to local authorities rose by 10% (1,165), while health boards experienced a sharper 23% (1,739) increase over the same period.
Encouragingly, the number of applications assessed has also increased. Local authorities completed 15% (862) more assessments, and health boards assessed 3,048 applications—an improvement on previous years. However, inspectors warn that this progress is being outpaced by demand.
Despite increased activity, delays remain a critical concern. The report finds that many applications are not being assessed within statutory timeframes, leaving individuals potentially deprived of their liberty without lawful authorisation or access to safeguards.
Inspectors caution that without urgent reform, these systemic delays will persist, continuing to deny people their legal rights and protections.
Particular concern is raised over urgent authorisations, many of which expire before full assessments can be completed. The report calls on some local authorities to review their procedures with managing authorities to ensure compliance and reduce risk.
Local authorities are also struggling to manage the volume of requests for further authorisations, increasing the likelihood that individuals remain in restrictive care arrangements without proper oversight.
The report stresses that all supervisory bodies must ensure assessments are completed within the required timescales set out in the Code of Practice, to safeguard individuals’ rights.
There is also notable variation in the use of conditions attached to DoLS authorisations. Inspectors urge greater consistency, emphasising that conditions should be used proactively to improve outcomes, including reducing or removing restrictions wherever possible.
On a more positive note, the majority of individuals subject to DoLS continue to receive appropriate support and representation, reflecting good practice across much of the system.
However, significant concerns remain حول data quality. Ethnicity recording is described as inadequate, with 22% of local authority applications and 11% from health boards lacking this information. Inspectors warn that without robust data, it is impossible to determine whether certain groups are disproportionately affected.
The findings add to ongoing calls for reform of the DoLS system, which has faced sustained criticism across the UK for being overstretched and outdated.
