My relative isn't allowed to leave their care home or hospital
If someone who lacks capacity is under continuous supervision and control and isn't free to leave, they're deprived of their liberty. That must be legally authorised, and they have the right to challenge it.
The interactive version is available in 6 languages and Easy Read.
Your rights
- The deprivation of liberty must be authorised, usually through the Deprivation of Liberty Safeguards (DoLS).
- A Relevant Person's Representative to support them.
- Help from an IMCA where needed.
- To challenge the authorisation in the Court of Protection, with non-means-tested legal aid.
What to do next
- Ask the care home or hospital whether a DoLS authorisation has been applied for or granted.
- Ask for a copy of the authorisation and any conditions.
- If you think it's wrong, contact a solicitor about a section 21A challenge.
- In a supported living setting, authorisation may have to come from the Court of Protection.
Say this
“Is there a DoLS authorisation in place? Please tell me who their representative is and how we can challenge it.”
The law behind it (England)
- Mental Capacity Act 2005Schedule A1 (DoLS), s.21A challenge
- P v Cheshire West [2014] UKSC 19 (the 'acid test')the 'acid test' for deprivation of liberty
- Human Rights Act 1998Article 5: liberty
Elsewhere in the UK
- Scotland
- In Scotland, the Adults with Incapacity (Scotland) Act 2000 applies. Ask about guardianship orders.
- Wales
- DoLS applies in Wales as well as England.
- Northern Ireland
- In Northern Ireland, deprivation of liberty safeguards under the Mental Capacity Act (NI) 2016 apply.
Easy Read
What you need to know
- Someone who cannot make choices is not free to leave a care home or hospital.
- This must be allowed by law. This is called DoLS.
- They should have someone to speak for them.
- You can challenge it in court. Legal help is free.
What you can do
- Ask: “Is there a DoLS in place?”
- Talk to a lawyer.
Last reviewed: November 2026. This is general information, not legal advice. How we check our information.