03/06/2026
Supreme Court Overrules Cheshire West (2 June 2026)
The UK Supreme Court has yesterday delivered a major judgment on Deprivation of Liberty (DoLS). Here’s what it means:-
The “Acid Test” is no longer law — The 2014 Cheshire West ruling (continuous supervision & control and not free to leave leads to deprivation of liberty) has been overruled.
Return to a multifactorial approach — Whether someone is deprived of their liberty must now consider all the circumstances of the individual case (type, duration, effect and manner of restrictions), in line with European human rights case law.
Valid consent is possible even without mental capacity — If a person lacks capacity to formally consent to their care home or supported living placement but clearly expresses that they are happy/content with the arrangements (through words, behaviour or attitude), this can amount to valid consent. No deprivation of liberty occurs in that situation.
Fewer DoLS authorisations likely — This change should significantly reduce the administrative burden that followed the 2014 judgment.
Existing authorisations remain valid — Current DoLS standard authorisations and Court orders are still lawful. They enable restrictions where needed but do not require deprivation of liberty. Reviews and best interests decisions continue as normal.
Person-centred care remains key — Always prioritise the individual’s wishes and feelings, least restrictive options, and best interests under the Mental Capacity Act.
Northern Care Consultancy Ltd will be providing further written guidance for staff and partners in the coming weeks.
This is a significant shift back towards practical, individualised decision-making while staying compliant with human rights law.
