Supreme Court Judgment on Deprivation of Liberty Safeguards
Healthcare Inspectorate Wales (HIW) and Care Inspectorate Wales (CIW) are responsible for monitoring the implementation of the Deprivation of Liberty Safeguards (DoLS) and jointly publish an annual report of findings.
Following the Supreme Court Judgment on 2 June 2026, there has been a significant change in how a deprivation of liberty is identified and this judgment takes immediate effect. Read the Supreme Court judgment summary.
HIW acknowledges this has caused some uncertainty and may lead to questions about how the different factors should be interpreted and the impact on practice. We are keen to understand the implications of this judgment. What is clear is that, with immediate effect, the Cheshire West approach must no longer be applied. Existing guidance will need to be interpreted accordingly, pending updated official guidance from the UK Government.
The legal duties under the Mental Capacity Act 2005 remain in place and this includes assessing whether arrangements amount to a deprivation of liberty, ensuring care is person-centred, and safeguarding people’s rights.
Responsible bodies and providers should familiarise themselves with this legal development and adjust practice, accordingly, seeking legal advice ensuring compliance with the law.
HIW will continue to support providers adopting a proportionate approach while awaiting further guidance.