Hill Dickinson: MCA/DOLS: the latest update

Safeguards Overhaul Urgency

The UK's Deprivation of Liberty Safeguards, embedded in the Mental Capacity Act 2005, were meant to protect those unable to consent to their care arrangements. But a 2014 Supreme Court ruling expanded the definition of deprivation, triggering a surge in applications from 13,000 to over 332,000 by 2023-24. Local authorities, strained by this volume, have built up backlogs of more than 123,000 unfinished cases, leaving many without legal oversight.

This dysfunction hits hardest in care homes and NHS facilities, where delays mean residents endure unapproved restrictions. Staffing crises exacerbate the issue, often leading to excessive isolation or confinement. Reports link these gaps to avoidable harms, including nutritional decline and psychological distress, with some cases escalating to fatalities.

Recent shifts compound the pressure. The Mental Health Act 2025, effective from 18 February 2026, introduces new detention criteria and community deprivation powers for high-risk patients. This intersects with Mental Capacity Act applications, raising risks of inappropriate framework use. Meanwhile, the Liberty Protection Safeguards—legislated in 2019 but delayed repeatedly—now face a consultation in early 2026, aiming to extend coverage to those aged 16-plus across all settings.

Trade-offs loom large. Liberty Protection Safeguards promise streamlined assessments and reusable evaluations, potentially easing administrative burdens on integrated care boards and trusts. Yet critics fear diluted safeguards, like longer authorisation periods up to three years, could erode scrutiny. A pending Supreme Court judgment from October 2025 might redefine deprivation thresholds, altering case volumes further. Stakeholders, from social workers to advocacy groups, debate whether reforms prioritise efficiency over individual protections amid fiscal constraints.