The Department of Health and Social Care has published initial guidance on the implications of a landmark Supreme Court judgment that changes the legal definition of a deprivation of liberty.
The judgment, handed down on 2 June 2026, overrules the 2014 Cheshire West decision and replaces its single "acid test" with a multifactorial assessment. A person's wishes, feelings and capacity to express consent now carry significant weight in determining whether a deprivation of liberty exists.
The changes apply with immediate effect across the UK and have wide-ranging implications for homecare providers supporting people who lack capacity.
We encourage all members to read the DHSC guidance in full and begin reviewing relevant policies and procedures.