Last Updated on June 5, 2026

The Supreme Court has delivered a landmark Deprivation of Liberty Safeguards (DoLS) ruling which overturns the Cheshire West 'acid test'. Thousands of existing Deprivation of Liberty Safeguards (DoLS) authorisations and deprivation of liberty court orders will need to be reviewed following the ruling.

Earlier this week, the Supreme Court unanimously overturned P v Cheshire West and Chester Council [2014] UKSC 19, replacing the single test with a broader assessment of an individual's circumstances.

Previously, a person was considered deprived of their liberty if they were subject to continuous supervision and control and were not free to leave. The Court has now ruled that a wider range of factors must be considered, including the type, duration and effect of the arrangements in place.

The ruling will have significant implications for health and social care providers, local authorities and NHS bodies. Many individuals who are currently subject to DoLS authorisations or court orders will need their cases to be reviewed.

The Court also ruled that a person may, in some circumstances, be capable of consenting to their care arrangements even if they lack legal capacity under the Mental Capacity Act 2005. Equally, where a person objects to those arrangements, this is likely to be a significant factor when determining whether they are deprived of their liberty.

Commenting on the ruling, Anna Fee, Senior Associate in RWK Goodman's Health and Social Care team, said, 'This is the most significant development in deprivation of liberty law since Cheshire West was decided in 2014. The Supreme Court has made clear that identifying a deprivation of liberty requires a more nuanced assessment than the acid test allowed. While the judgment may ultimately reduce the number of cases requiring formal authorisation, it is likely to create significant short-term uncertainty as existing arrangements are reviewed and guidance is developed.

'Given the number of existing authorisations that will require reconsideration, local authorities will likely see an increase in Part 8 review requests. Mental capacity assessments relating to deprivation of liberty will also need to reflect the Supreme Court's revised approach.

'Although the ruling takes immediate effect, there is likely to be a period of uncertainty while public bodies consider its practical implications and develop guidance. In the meantime, providers may wish to review how they identify potential deprivation of liberty cases and record a person's wishes and feelings. Care records should clearly document any indication of objection, distress, coercion or restraint.

'The judgment is likely to narrow the scope of what amounts to a deprivation of liberty in some care settings, potentially reducing the number of cases requiring formal authorisation. However, where restrictions remain significant or circumstances are complex, careful legal and clinical analysis will remain essential.'

For more information about the ruling, visit the Supreme Court website.

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