“Persistent delays” in allocating and authorising DoLS applications continue to leave many individuals in Wales unlawfully deprived of their liberty, report finds

According to the annual monitoring report by Care Inspectorate Wales (CIW) and Healthcare Inspectorate Wales (HIW) on the implementation of DoLS in Wales, many local authorities continue to face challenges in allocating the volume of requests received for further authorisations, leaving many individuals in Wales unlawfully deprived of their liberty, without legal safeguards or recourse.

The report warned that without “urgent reform”, these systemic failures are likely to persist - denying vulnerable people the protections they are entitled to.

The DoLS exist to protect the human rights of individuals who lack the mental capacity to make certain decisions about their care or treatment.

The safeguards ensure that any restrictions on a person’s freedom are lawful, appropriate, and proportionate, and that decisions made on their behalf are in their best interests.

The annual monitoring report, which covers the period 1 April 2024 until 31 March 2025, found a total of 13,019 applications were received by local authorities in Wales in 2024–2025. This was an increase of 10% (1,165) when compared with the previous year (11,854).

Meanwhile, it found an increase in the number of assessments completed, with local authorities carrying out 862 assessments, a 15% rise, and health boards completing 3,048 assessments.

The report's authors warned however that the system continues to face “significant challenges”.

The report noted: “Delays in allocating, assessing and authorising applications persist, meaning that many people continue to be deprived of their liberty without the legal safeguards designed to protect them.

“In many cases, statutory timeframes are not met by health boards or local authorities. Urgent authorisations continue to expire before an assessment can be completed, leaving people in legally uncertain situations.”

The report also warned that ethnicity recording remains “inadequate”, finding that 22% of local authority applications and 11% of health board applications did not record the person’s ethnicity.

It noted: “Without complete and consistent data, it is not possible to understand whether any groups may be disproportionately affected or disadvantaged by DoLS processes.”

In light of its findings, the report recommended that all supervisory bodies should ensure applications are assessed within the timeframes set out in the Code of Practice.

Meanwhile, it was observed that some local authorities may benefit from reviewing their processes for urgent authorisations with managing authorities.

The Welsh Local Government Association (WLGA) has been approached for comment.

Lottie Winson