We are currently reviewing and updating Deprivation of Liberty Safeguards (DoLS) guidance. This follows the Supreme Court judgment issued on 2 July 2026 regarding the definition of a deprivation of liberty:
UK Supreme Court 2026 judgement on what constitutes a deprivation of liberty on GOV.UK
CQC statement on the Supreme Court's judgement on the deprivation of liberty on the Care Quality Commission's website
The Mental Capacity Act (MCA) 2005 provides a legal framework for assessing whether a person has mental capacity to make specific decisions.
It also defines how others can make decisions on behalf of someone who lacks mental capacity, in their best interests.
Since April 2009, the Mental Capacity Act has allowed for the Deprivation of Liberty of people who lack capacity to consent to their care and treatment arrangements.
This power is only available under the Deprivation of Liberty Safeguards if the person is in a care home or hospital.
Westmorland and Furness Council act as the Supervisory Body as part of this scheme.
To make an application, use the contact details below.
Email: applications.DOLs.WAF@cumbria.gov.uk
Telephone: 0300 373 3301
More information
For a detailed explanation of DoLS and what it might mean to you or your relatives please read our guidance 'Deprivation of Liberty Safeguards in hospitals and care homes' (PDF , 108KB).
You can find further guidance about the scheme on the Age UK website (PDF, 464KB).
For help filling out the relevant forms, and the forms themselves, visit GOV.UK