The legal landscape around Deprivation of Liberty Safeguards (DoLS) has shifted significantly following the Supreme Court judgment handed down on 2 June 2026. For care homes, this matters because DoLS has long been a key part of how residents’ rights are protected when they lack capacity to consent to their care arrangements. The ruling changes how deprivation of liberty should be considered and moves practice away from relying solely on the well-known Cheshire West “acid test”.

Since 2014, many care home DoLS decisions have been guided by the Cheshire West test: whether a resident is under continuous supervision and control and is not free to leave. The 2026 Supreme Court ruling has now rejected that approach as too broad and too inflexible. Instead, deciding whether a resident is deprived of their liberty now requires a more rounded, person-centred assessment of their circumstances, care arrangements, wishes, feelings and the practical reality of day-to-day life in the home.

This does not mean that DoLS, the Mental Capacity Act 2005 or safeguarding duties have disappeared. Care homes must still consider capacity, best interests, restrictions, risk, least restrictive options and whether formal authorisation is required. However, the ruling does mean that registered managers and care teams will need to use more professional judgement, keep clearer records and pay close attention to each resident’s communication, presentation, preferences and level of objection or acceptance.

What has changed?

The key change is the move away from an automatic or formulaic approach. Previously, if a person lacked capacity, was subject to continuous supervision and control, and was not free to leave, the situation was generally treated as a deprivation of liberty. Following the Supreme Court decision, practitioners must look at the full context. This includes the person’s expressed wishes and feelings, whether they appear to accept or resist the arrangements, the nature and intensity of restrictions, the purpose of the care plan, and whether the arrangements are proportionate.

This is a significant cultural shift. It places greater emphasis on individualised assessment rather than applying a single test to every situation. It may reduce the number of DoLS applications over time, but it also introduces uncertainty while national guidance and policy catch up with the judgment.

What does this mean for care homes?

Care homes should not assume that fewer DoLS applications automatically means fewer responsibilities. In practice, the responsibility to protect residents’ rights may become more important. Homes will need to evidence that they have considered each resident’s situation carefully and that any restrictions are necessary, proportionate and the least restrictive option available.

1. Review current DoLS authorisations, applications and residents awaiting assessment, focusing on whether the resident’s wishes, feelings, presentation and day-to-day responses are clearly recorded.
2. Strengthen care plans so any restrictions, such as locked doors, sensor mats, one-to-one supervision, covert medication or limits on leaving the home, are linked to assessed risks and individual needs.
3. Make sure nurses, senior carers, care assistants and activity staff understand that the Mental Capacity Act 2005 still applies in full.
4. Continue to apply best interests decision-making where a resident lacks capacity for a specific decision, including decisions about care, treatment, residence and safety.
5. Seek advice from the local authority, safeguarding team, GP, mental health professionals or legal advisers where there is uncertainty about whether authorisation is still required.

Why recording matters more than ever

Good records will be essential. If the assessment is now more holistic, care homes must be able to show how they reached their view. This should include evidence of conversations with the resident, family members, advocates, visiting professionals and staff who know the person well. Records should also explain why particular restrictions are in place, what alternatives were considered and how the resident’s rights are being protected.

For care home teams, this is an opportunity to refresh everyday practice around person-centred care. The question is no longer simply whether a resident meets a fixed legal test. It is whether the overall arrangements amount to a deprivation of liberty when viewed in the context of that resident’s life, needs, preferences, communication, routines and protections.

The wider reform picture: Liberty Protection Safeguards

The Government has already announced plans to consult on Liberty Protection Safeguards (LPS), the long-delayed replacement for DoLS. LPS is intended to create a more streamlined and person-centred system, with wider application across settings and to people aged 16 and over. For care homes, the key message is to keep following current DoLS and Mental Capacity Act requirements while preparing for further national guidance and possible future reform.

Practical steps to take now

1. Brief registered managers, deputy managers, nurses and senior carers on the Supreme Court decision and what it may mean for day-to-day care planning.
2. Review policies, staff training, audits and dependency tools that still rely only on the Cheshire West acid test.
3. Check that care plans clearly explain restrictions, risks, alternatives, best interests decisions and least restrictive options.
4. Improve daily notes and reviews so they capture the resident’s wishes, feelings, communication, objections, distress, contentment or signs of agreement.
5. Maintain communication with supervisory bodies, local authorities, safeguarding teams and advocates while further guidance develops.

Final thoughts

The recent UK changes to DoLS mark a major turning point for care homes. The removal of the Cheshire West acid test may reduce unnecessary bureaucracy over time, but it also requires homes to exercise careful judgement and maintain strong safeguards for residents who may be unable to protect their own rights. Until further government guidance is published, the safest approach is to keep practice person-centred, evidence-based and firmly grounded in the Mental Capacity Act.

For further information on this new ruling, please use the links below:

Deprivation of Liberty Safeguards

Cheshire West overruled: DoL reshaped for health and social care

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