The DoLS backlog reached 118,850 uncompleted applications at 31 March 2025, and clearing it is why councils book locum Best Interest Assessors. Referrals keep rising while permanent assessor supply stays flat, so Supervisory Bodies buy temporary capacity to meet a statutory duty. Completed cases averaged 126 days against a 21-day legal limit (DHSC, March 2026).

Key Takeaways

• 118,850 DoLS applications sat uncompleted at 31 March 2025, and 364,900 were received across 2024-25, up 9.8% year on year (DHSC, March 2026).
• Completed applications averaged 126 days against a 21-day statutory limit, and 58% carried an urgent authorisation (DHSC, March 2026).
• The Care Quality Commission names insufficient assessors as a primary barrier to DoLS performance, with many Supervisory Bodies relying on independent assessors (CQC State of Care 2023/24).
• The 2 June 2026 Supreme Court AGNI ruling overturned Cheshire West, creating a re-review workload that sustains BIA demand through 2026.
• Locum BIAs cost £225 to £350 per assessment in London or up to £315.86 a day (Action First; Charles Hunter Associates, 2026), buying throughput without permanent headcount.

The Scale of the DoLS Backlog in 2026

The backlog is structural, not a temporary spike. Local authorities received 364,900 DoLS applications in 2024-25, a 9.8% rise on the previous year, and completed 353,935, yet 118,850 still sat unfinished at year end (DHSC, March 2026). Completed cases took 126 days on average, six times the 21-day statutory limit, and 58% of applications carried an urgent authorisation that should be handled first.

The gap between referrals and finished assessments widens each year. Every unfinished case represents a person deprived of their liberty without a lawful authorisation in place, which is the legal risk that forces councils to act.

How many DoLS applications are outstanding?

118,850 DoLS applications remained uncompleted at 31 March 2025 (DHSC, March 2026). Authorities received 364,900 during the year and finished 353,935, so the receipt rate outpaced completion again. The rolling shortfall is why waiting lists persist across most Supervisory Bodies, and why urgent cases, at 58% of the total, dominate the queue that assessors work through.

Why Supervisory Bodies Can't Recruit Fast Enough

Permanent recruitment cannot close the gap because the assessor pool itself is too small. The CQC identifies insufficient staffing as a primary barrier to DoLS performance, with many Supervisory Bodies relying significantly on independent assessors (CQC State of Care 2023/24). The Association of Directors of Adult Social Services reported that DoLS leads absorbed the rising caseload without any extra funding (Community Care, June 2026).

The same pressure drives rising social work caseloads across adult teams, and DoLS work competes with frontline duties for the same scarce practitioners. A permanent campaign also runs 8 to 12 weeks, which is too slow when authorisations are already breaching the legal limit.

Why are Best Interest Assessors in short supply?

BIA supply is short because the role sits on top of an existing qualification, not instead of it. A BIA must first be a registered social worker, nurse, occupational therapist or psychologist with two years' post-qualifying experience, then complete a separate approved award. That narrow entry route, combined with burnout across the adult social care workforce, keeps the permanent pool smaller than annual DoLS demand requires.

How the 2026 AGNI Ruling Reshaped Demand

The 2 June 2026 Supreme Court AGNI judgment changed the work without removing it. The ruling overturned the 2014 Cheshire West decision and abolished the single acid test, replacing it with a multifactorial assessment of deprivation of liberty (Community Care, June 2026). DHSC states this will reduce authorisation volume significantly over time, but a more cautious approach is needed in the short term (gov.uk, June 2026).

Near-term, demand actually holds firm. Existing authorisations and pending cases now need re-review against the new test, so Supervisory Bodies face extra assessment work in 2026 before any volume reduction arrives.

Did the AGNI judgment reduce DoLS work?

The AGNI ruling reduces long-term volume but raises short-term workload. Every current authorisation now needs checking against the multifactorial test rather than the old acid test, which adds re-review cases through 2026 (Community Care, June 2026). Legal experts forecast fewer but more complex assessments, so councils are recruiting for legal-currency skills rather than cutting BIA capacity this year.

Why Councils Book Locum BIAs to Clear Backlog

Locum capacity solves a timing problem that permanent hiring cannot. A locum BIA starts within days and works only while the surge lasts, so councils clear the backlog by working in partnership with a specialist recruitment agency rather than waiting on a permanent campaign. London Supervisory Bodies pay £225 to £350 per completed assessment, and day-rate cover reaches £315.86 (Action First; Charles Hunter Associates, 2026).

Booking a locum BIA at speed still demands full checks, because the risks of placing a locum social worker without full vetting apply just as sharply under deadline pressure. The right agency vets, deploys and manages rate all at once.

How quickly can a locum BIA start clearing cases?

A pre-vetted locum BIA can start within days, against an 8 to 12 week permanent campaign. Speed matters because completed cases already average 126 days against a 21-day statutory limit (DHSC, March 2026). Per-assessment engagements at £225 to £350 a case suit outcome-based clearance, while day-rate cover near £315.86 suits sustained caseload work across a Supervisory Body's queue.

How to Clear a DoLS Backlog With Locum Capacity

Step 1. Size the backlog and the urgent share. Quantify uncompleted cases and separate the 58% urgent proportion to sequence the queue.

Step 2. Choose the engagement model. Book per-assessment cover for finite clearance or day-rate cover for sustained caseload.

Step 3. Brief a specialist agency. Set the rate against live market data so the offer attracts scarce assessors from the first advert.

Step 4. Verify and deploy at pace. Confirm registration, the BIA award and full compliance, then place within days to hit statutory timescales.

Step 5. Fold in AGNI re-reviews. Add existing authorisations needing reassessment under the new multifactorial test to the locum brief.

Frequently Asked Questions

How big is the DoLS backlog in 2026?

The DoLS backlog stood at 118,850 uncompleted applications at 31 March 2025 (DHSC, March 2026). Authorities received 364,900 applications during 2024-25, up 9.8%, and completed 353,935, so receipts continued to outpace completions. Completed cases averaged 126 days against a 21-day statutory limit.

Why do councils use locum Best Interest Assessors?

Councils use locum BIAs because permanent recruitment is too slow and the assessor pool is too small to meet demand. A locum starts within days and works only during the surge, letting a Supervisory Body meet its statutory duty without permanent headcount. London per-assessment cover costs £225 to £350 per case.

Has the AGNI ruling ended the need for BIAs?

The AGNI ruling has not ended BIA demand. Although the 2 June 2026 judgment is expected to reduce authorisation volume over time, existing cases now need re-review against a new multifactorial test (Community Care, June 2026). That re-review workload sustains BIA demand through 2026 rather than removing it.

How much does locum BIA cover cost a local authority?

Locum BIA cover costs £225 to £350 per completed assessment in London, or up to £315.86 a day (Action First; Charles Hunter Associates, 2026). Per-assessment models suit finite backlog clearance, while day rates suit sustained caseload work. Both avoid the long-term cost of permanent headcount for a temporary surge.

Brief a specialist on your DoLS backlog

Charles Hunter Associates' social work recruitment team supplies vetted locum Best Interest Assessors to Supervisory Bodies clearing DoLS backlog across England, so contact us to scope the cover your queue needs.