Can someone be kept in a care home against their will?

If someone in a care home lacks mental capacity and is being prevented from leaving, this counts as a deprivation of liberty and requires legal authorisation. The care home must apply to the local council for a Deprivation of Liberty Safeguard, commonly called a DoLS. Without this authorisation, the restriction is unlawful even if it is being done for the person's safety. The safeguard ensures the restriction is necessary, proportionate and in the person's best interests. Families must be consulted and informed throughout the process. If someone has capacity and wants to leave a care home, they generally cannot be prevented from doing so.