Updated: June 2026
Supreme Court judgement June 2026
On 2 June 2026, the Supreme Court handed down a landmark judgment that overrules the 2014 Cheshire West decision. The ‘acid test’ (under which continuous supervision and control of a person who lacks capacity to consent was sufficient to establish a deprivation of liberty) no longer applies.
In its place, practitioners must carry out a broader, multifactorial assessment of the person’s concrete situation. The court also ruled that a person may be capable of giving valid consent to their care arrangements for Article 5 purposes, even if they lack capacity under the Mental Capacity Act 2005.
This is a significant change to the law.
The information and resources on this page were produced under the previous Cheshire West framework and are currently being reviewed and updated. Please treat this content as a general reference only and seek up-to-date legal guidance when making decisions about deprivation of liberty in practice.
The Deprivation of Liberty Safeguards (DoLS), which apply only in England and Wales, are an amendment to the Mental Capacity Act 2005. The DoLS under the MCA allows restraint and restrictions that amount to a deprivation of liberty to be used in hospitals and care homes – but only if they are in a person’s best interests. To deprive a person of their liberty, care homes and hospitals must request standard authorisation from a local authority.
DoLS becoming LPS
SCIE explainer page: The Mental Capacity (Amendment) Act will replace the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards (LPS). Read about key features of the LPS.
At a glance
The Deprivation of Liberty Safeguards (DoLS) are an amendment to the Mental Capacity Act 2005.
Putting into practice
This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards.