The number of Deprivation of Liberty Safeguards (DoLS) applications received by councils in England rose to 380,715 in 2025-26, according to government figures released today
The latest annual DoLS statistics show applications increased by 4.3 per cent from 364,900 in 2024-25, continuing a long-term upward trend in demand for assessments relating to people who lack the mental capacity to consent to their care arrangements in care homes and hospitals.
The data shows that care homes made almost two-thirds (65.4 per cent) of applications last year, with the remainder made by acute hospitals, and the vast majority were made for older age groups.
More than four in ten (42 per cent) of applications were made for people aged 85 and over, while just under a third (31.7 per cent) were for people aged 75 to 84, according to the figures.
Around two-thirds of applications for those aged 85 and over were for women, and almost six in ten of all applications received ( 58.2 per cent) during the year had an urgent authorisation attached, the data shows.
During 2025-26, councils completed 372,145 applications, up 5.1 per cent on the previous year, with more than half of those (50.3 per cent) closed without any assessment, while 45.4 per cent were fully assessed and 4.3 per cent partially assessed, the DHSC said.
The figures also show that 116,355 applications remained outstanding at year-end, down 2.1 per cent on 2024-25 levels.
Meanwhile, applications not granted accounted for 2.5 per cent of completed and fully assessed cases, unchanged from the previous year, according to the data.
Processing delays
The DHSC said council processing times have improved despite most applications still exceeding the statutory 21-day timeframe.
Little more than one in five (22.8 per cent) were processed by the deadline, up slightly from 21.1 per cent in 2024-25, while the average time from receipt to completion fell from 126 days to 117 days, it said.
Legal shift
The Government said earlier this year that it expects to see a ‘significant’ drop in DoL authorisations following a UK Supreme Court judgment that overturned a long-standing ‘acid test’ used to determine whether someone was being deprived of their liberty.
Ministers said providers’ decisions must now be assessed using a broader range of factors, including the nature, duration, effects and implementation of restrictions placed on an individual
It said registered care home providers or managers and local authorities should ‘expedite plans’ in the first instance to share the ruling throughout their organisations and ‘upskill their workforce’ in line with the law change, ahead of further ‘interim guidance' being developed in collaboration with the sector.
