Cheshire West has been overturned – what does this mean for care providers?
On 2 June 2026, the Supreme Court fundamentally changed the way we identify a deprivation of liberty.
For over a decade, providers have worked with the Cheshire West “acid test”:
✔ Continuous supervision and control
✔ Not free to leave
= Deprivation of Liberty
The Supreme Court has now confirmed that these factors remain relevant, but they are no longer enough on their own.
Instead, we are returning to a more nuanced, multi-factor approach that requires us to consider:
- Wishes and feelings
- Objection and resistance
- Meaningful consent or assent
- Coercion and confinement
- The person’s overall circumstances and lived experience
Whilst the legal framework has changed, one thing has not:
Our duty to safeguard and protect vulnerable people.
For providers, this raises some important questions:
Do we still need to make a DoLS referral?
What will CQC expect to see?
How should staff record wishes, feelings and objections?
What do we do with existing DoLS applications and authorisations?
How do we evidence our decision-making under the new framework?
As an Independent Best Interests Assessor with over 15 years’ experience, I am offering:
✅ 1-hour provider update sessions on the Supreme Court judgment and what it means in practice – deliverable by Teams or in person.
✅ Support reviewing existing DoLS referrals and care arrangements
✅ Practical multi-factor assessment tools to help providers determine whether a deprivation of liberty may exist
✅ Guidance on documentation, MCA compliance and CQC expectations
✅ Support reviewing policies, procedures and recording systems that continue to rely solely on the Cheshire West acid test
This is a rapidly developing area of law and many providers are understandably asking what they need to do differently right now.
My sessions are designed to provide a practical overview of what we know so far and the steps providers can take to remain compliant whilst further national guidance develops.
If you would like to discuss a training session or review of your current DoLS caseload, please contact me directly or email enquiries@oysterconsultancy.co.uk
The legal test has changed. The responsibility to protect people’s rights has not.
#MentalCapacityAct #DoLS #DeprivationOfLiberty #SocialCare #CareHomes #CQC #BestInterests #CourtOfProtection #DementiaCare #AdultSocialCare#CareQuality#Governance#CareProviders