ADASS Deprivation of Liberty Safeguards (DoLs) priority tool

About this guidance

Due to the impact of the Supreme Court judgement in June 2026 known as AGNI ADASS is reviewing the tools and forms it produced in 2014 to support local authorities. This judgement overturned Cheshire West i.e. the previous acid test and replaced it with a multifactorial test.

 As a result of this ruling ADASS has now produced a tool which sets out the criteria which indicates when an urgent response may be needed to safeguard the individuals concerned. The use of this tool must be balanced against the legal criteria for the DoLS which remain unchanged. Use of this tool will identify those situations which are most likely to meet the multifactorial test and therefore require full assessment. Those situations which are identified as lower priority may not be able to be allocated as quickly for assessment.  Where it is possible to allocate those identified as green, the supervisory body should arrange a proportionate assessment allowing a BIA to confirm whether the AGNI criteria of a deprivation of liberty is met (there is no need in this situation to instruct a medical assessor.)  The method used to demonstrate and record that consideration has taken place should be determined locally, including how decisions are documented. A Form 3A has been developed for those who wish to use it. This will allow the outcome to be recorded in accordance with the mandatory data return.

We are also awaiting further guidance from DHSC on the application of AGNI and will further review our guidance once this is received.