On the 2 June 2026 there was a significant Supreme Court decision in relation to Deprivation of Liberty. This judgment fundamentally changes the threshold used to determine if a person’s care arrangements constitute a deprivation of liberty. Meaning that:
- the Cheshire West ‘acid test’ for identifying the objective element of deprivation of liberty is no longer used, rather a multi-factorial assessment needs to be applied and
- a person without the mental capacity to make decisions about their residence and care arrangements can still give subjective consent to what would otherwise be a deprivation of liberty, meaning they would not be seen as being deprived of their liberty.
We are expecting updated national guidance to be published shortly, but in the interim both professionals and families will be able to find helpful guidance here:
- A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 - UK Supreme Court – in particular their press summary.
- The webinar by 39 Essex Chambers - The End of the Cheshire West Era: The Supreme Court’s New Tests for Objective and Subjective Deprivations of Liberty | 39 Essex Chambers and their Summary of Judgment.
- Supreme Court overturns Cheshire West judgment - Community Care
Complete a DoLS application
Deprivation of Liberty Safeguards Form 1 - This link is only for use by professionals from the Managing Authority AND includes DoLS urgent and DoLS urgent extension link.
Deprivation of Liberty Safeguards Form 2 - This link is only for use by professionals from the Managing Authority
Ordinary Residency
Cambridgeshire County Council is the Supervisory Body for people who are 'ordinary resident' in Cambridgeshire and who may be deprived of their liberty in a hospital or care home and lack capacity to consent to this. Ordinary residence means they started to receive care and support from Cambridgeshire Adult Care Services whilst living and paying council tax in Cambridgeshire. Before continuing you can check which council is responsible by using Find your local council - GOV.UK Website.
Understanding where the person is Ordinarily Resident, is essential in ensuring that the DoLS application is sent to the correct supervisory body. Failure to identify the correct Supervisory body may lead to delays in the person’s assessment
Have your say
We would like to know what you thought of the Deprivation of Liberty Safeguards (DoLS) assessment process. Was the assessment process clear and satisfactory?
Please contact us at mca.dols@cambridgeshire.gov.uk if you have any feedback.
Contact us
Email: mca.dols@cambridgeshire.gov.uk
Telephone: 01223 715 581
Deprivation of Liberty Safeguards Team
Box No. SH1211
New Shire Hall
Emery Crescent
Enterprise Campus
Alconbury Weald
Huntingdon
PE28 4YE
