Care Circle analysis / Rights and practical governance

DoLS has changed. The person still needs to be heard.

November’s figures and September’s legal guidance describe different things. Providers need a clear account of current arrangements, staff understanding and the route to advice.

Care Circle Network Editorial Desk · Published 8 November 2026 · 3 min read

In this feature
  1. Keep the statistical year separate from the legal change
  2. Read the current guidance before changing the routine
  3. Staff need help translating a change into practice
  4. Begin with a person and a current question
  5. Make the next review visible
Practical next stepSources and attribution

Keep the statistical year separate from the legal change

DHSC’s DoLS statistics, published on 5 November, cover April 2025 to March 2026. They record 116,355 applications unfinished at year end. The count concerns applications, rather than unique people, and the period ends before the Supreme Court’s June judgment. It cannot show the effect of that judgment. [9]

Our 5 November analysis explains the data and its limits. The next question is organisational: can the service show that its procedures, staff understanding and individual records have been considered against the current legal position?

This feature concerns provider preparation in England. The judgment has wider UK implications, while legal frameworks and routes vary. A general article cannot determine whether a particular person’s arrangements amount to a deprivation of liberty.

Read the current guidance before changing the routine

DHSC’s update, revised on 22 September, explains a multifactorial approach following the 2 June judgment. It places weight on the individual’s circumstances, wishes, feelings and possible objection, with continued safeguards and routes for uncertain cases. [10]

That makes good communication and careful records central to the provider’s response. A brief entry saying a person is settled may leave important questions unanswered. What do they understand? How do they express a preference? Is something preventing their wishes from being heard?

Providers should seek appropriate case-specific advice where needed. A service-wide instruction to cancel safeguards or stop referring concerns would not follow from a national change in definition. Review arrangements through the relevant professional and supervisory processes.

Staff need help translating a change into practice

Novaspec’s brochure identifies DoLS briefings, policy review and practical implementation support among its services. Its wider approach combines clear priorities with training and follow-up, giving readers a specific basis for a conversation about the support their team requires. [1]

Ask what the briefing will help staff do. Can they recognise a question that needs escalation, describe the person’s communication and find the current documentation? Will the manager know which materials and procedures have been reviewed and who owns the next action?

The service also needs to distinguish professional roles. Consultancy can support learning and governance. It does not replace a supervisory body, court or the appropriate legal advice on an individual case.

Begin with a person and a current question

Care Circle’s suggested review starts with a person whose circumstances or arrangements need attention. Bring together the relevant care records and the people responsible for reviewing them. Establish what is known, whose views have been sought and what remains unresolved.

Name the next step and the person responsible for it. That may involve communication support, a review with the appropriate professional or contact with the supervisory body. Keep any immediate safeguarding or safety concern within the service’s escalation procedures.

The manager should then consider what the case reveals about the system. Can staff locate current information? Do handovers communicate a change? Is there protected time for follow-up? A service can improve those arrangements without assuming it can decide every legal question itself.

Make the next review visible

After an application or briefing, a named person needs to check what happens next. The working record should show the current question, the responsible person, the advice requested and the date for checking progress.

Novaspec’s emphasis on staying alongside a team is relevant here. A provider can ask how its policies, training and follow-up arrangements will be examined together, and what support is available when the first briefing reveals further uncertainty. [1]

The aim is a clearer response to the person’s circumstances, backed by appropriate support. National figures provide context. The person’s rights and experience remain the reason for doing the work.

Your practical next step

Clarify the next step in one live review

Identify the current question, the person’s wishes and communication needs, the professional advice required and the accountable follow-up.

  1. What do we know about this person’s current arrangements?
  2. How are their wishes being understood?
  3. Who owns the unresolved question and the next review?
Use the improvement review record

The continuing Care Circle conversation

Read the fuller background.

Earlier reporting keeps its publication dates. These connections show where the new features develop the practical questions.

Evidence you can follow

Sources and attribution

Reviewed 8 November 2026. Official regulation and assessment context concerns England unless stated. Novaspec’s experience and working approach come from its supplied brochure. The suggested review methods are Care Circle’s editorial analysis.

  1. 09

    DoLS, England, 2025 to 2026: statistical commentary

    Department of Health and Social Care · 5 November 2026

    Data period: 1 April 2025 to 31 March 2026. Applications are not unique people and the period precedes the June 2026 judgment.

  2. 10

    UK Supreme Court 2026 judgment on deprivation of liberty

    Department of Health and Social Care · Updated 22 September 2026

    Explains the June judgment and continuing safeguards. The article supports service preparation; individual arrangements need appropriate professional advice.

  3. 01

    Novaspec: 2026 company brochure

    Novaspec Consultancy Limited · Supplied November 2026

    Company-supplied description of its people, experience, services and working approach. Case accounts are provider statements and include earlier leadership roles; they are not independent evaluations.

Your service / Your next conversation

Start with what you need to understand.

Tell Novaspec about your service, its priorities and the support already in place. Ask how the team would get to know you, agree the work and stay involved as it develops.