Legal update
Major Change to Deprivation of Liberty Law: What You Need to Know
A significant Supreme Court ruling handed down in June 2026 has fundamentally changed how deprivation of liberty is assessed across health and social care settings.
The judgment overturns the long-standing 2014 Cheshire West ruling, which has shaped deprivation of liberty practice for more than a decade. Importantly, the change takes immediate effect and organisations across the sector are now awaiting further guidance on how the new approach will be implemented in practice.
What Has Changed?
Since 2014, the Cheshire West "acid test" has been used to determine whether someone is deprived of their liberty. Broadly speaking, if a person was under continuous supervision and control and not free to leave, they were likely to be considered deprived of their liberty and therefore entitled to legal safeguards and authorisation processes.
The Supreme Court has now ruled that this approach was too simplistic and should no longer be used. Instead, professionals must consider a wider range of factors, including the individual's circumstances, the purpose of the restrictions, their experience of the arrangements and whether they appear to accept those arrangements.
Why Does This Matter?
This is one of the most significant changes to mental capacity and deprivation of liberty law in a generation. The ruling is expected to reduce the number of situations that are considered a deprivation of liberty, meaning fewer people may require formal DoLS authorisations or equivalent legal oversight. Supporters of the judgment believe this could reduce unnecessary bureaucracy and allow resources to be focused on the most restrictive situations.
However, disability charities, advocacy organisations and legal experts have raised concerns that some individuals who previously benefited from independent scrutiny and legal safeguards may no longer receive the same level of protection.
What Does This Mean for Us?
For providers like Cavalry across Supported Living, Complex Care and Children's Services, this ruling is likely to influence:
- Assessments of restrictive practices
- Care planning and best interest decision-making
- Mental Capacity Act processes
- Existing and future DoLS applications
- Relationships with commissioners and local authorities
- Staff training and professional practice
At present, there remains uncertainty while government departments, regulators and local authorities consider the practical implications of the judgment and develop updated guidance.
What's Next?
The sector is now awaiting further guidance from government, regulators and legal experts to understand how the new definition should be applied in day-to-day practice. Given the scale of the change, we will be seeking further training and guidance to ensure our teams remain informed and continue to uphold the rights, dignity and safety of the people we support.
This is an evolving area of law, and we encourage all operational teams to keep an eye out for future updates as more information becomes available.