CQC statement on DoLS judgement
The CQC has responded to the Supreme Court's 2 June 2026 judgment (AG for Northern Ireland), which establishes a new legal approach to determining whether a person is being deprived of their liberty. The CQC acknowledges the judgment takes immediate effect and may cause uncertainty for providers, people who use services, and local authorities, and says it is engaging with DHSC and other partners on the implications. While awaiting official guidance, providers are expected to familiarise themselves with the ruling, seek legal advice where needed, and continue to assess on a case-by-case basis whether a deprivation of liberty authorisation is required. The CQC says it will take a proportionate approach in its assessments in the interim, while confirming that existing Mental Capacity Act 2005 requirements and Regulation 11 obligations remain unchanged — and that the definition of "valid consent" does not apply when determining whether someone is consenting to their care and treatment.