Care Inspectorate Wales issues statement on the Supreme Court’s judgment on deprivation of liberty

Care Inspectorate Wales (CIW) has issued a statement following the Supreme Court’s judgment of 2 June 2026, which significantly changes how deprivation of liberty is assessed in law. This ruling has immediate effect and introduces important considerations for providers and responsible bodies across Wales.

CIW confirmed that it is working closely with Welsh Government and Healthcare Inspectorate Wales to understand the implications of the judgment and to support the development of a consistent, proportionate national approach. A summary of the Supreme Court judgment is available for providers seeking further detail.

CIW’s statement reads:

On 2 June 2026, the Supreme Court issued a judgment that changes how deprivation of liberty is assessed in law. Care Inspectorate Wales is working closely with Welsh Government and Healthcare Inspectorate Wales to understand the implications and develop a consistent, proportionate national approach. Read the Supreme Court judgment summary.

The judgment takes effect immediately. We know this creates uncertainty, and we understand guidance from the UK Government is expected shortly.

In the meantime, responsible bodies and providers should review current arrangements. Where you think changes to practice may be needed, seek legal advice as necessary. CIW will take a proportionate approach to inspection during this period, recognising organisations are working to respond. However, legal duties under the Mental Capacity Act 2005 remain in place. This includes assessing whether arrangements amount to a deprivation of liberty, ensuring care is person-centred, and safeguarding people’s rights.

The Supreme Court judgement summary can be found here.