Care Rights UK response to Supreme Court ruling on deprivation of liberty

The Supreme Court’s judgment of 2nd June 2026 overturns the “acid test” for a deprivation of liberty, established in the Cheshire West judgment of 2014. This change removes the existing ruling that someone is deprived of their liberty if they are under “continuous supervision and control” and “not free to leave”. It now means that consent to care arrangements which include a deprivation of liberty could be inferred for a person who has been assessed as lacking mental capacity.  

We are concerned about the implications of this decision on the rights of people in vulnerable situations. The implication that deprivation of liberty safeguards would no longer be applied is worrying and would put many people who we support through our adviceline at risk. We are working to understand how best to support people with this. 

We need the Government to urgently issue clarification and guidance about how this judgment interacts with the existing code of practice, to ensure care and health providers, local authorities and people affected understand the consequences. We must also see concrete steps to establish protections and safeguards for people as a result of these changes, to ensure their fundamental human rights are protected.