In June 2026, the UK Supreme Court changed how a deprivation of liberty is identified. The previous “acid test” from Cheshire West is no longer the sole method for determining whether someone is deprived of their liberty.
Providers should now use a holistic, person-centred assessment that considers:
- The type of restrictions in place
- The duration and impact of those restrictions
- How restrictions are implemented
- The person’s wishes and feelings
- Whether the person objects to the arrangements
What Providers Should Do
- Ensure staff are aware of the new legal position.
- Review policies, procedures and care planning documentation.
- Update local DoLS processes where required.
- Support staff to apply professional judgement when assessing restrictions.
- Monitor national updates as further guidance becomes available.
Need Advice?
Hertfordshire County Council has confirmed that providers should continue to submit DoLS applications where a deprivation of liberty may be occurring. If you are unsure whether an application is required, contact the local DoLS Team for advice and support.
Hertfordshire DoLS Team
- Telephone: 01438 843800
- Email: dolsteam@hertfordshire.gov.uk
Useful Resources
- Changes to the definition of deprivation of liberty – GOV.UK
- SCIE DoLS Guidance
- ADASS DoLS Priority Tool
HCPA and Hertfordshire County Council Transition Guidance
HCPA has worked with Hertfordshire County Council’s DoLS Team to produce practical guidance to support providers during the transition following the Supreme Court judgment.
The guidance helps providers to:
- Take a proactive, person-centred and evidence-based approach to DoLS decision-making.
- Consider the person’s wishes, feelings, communication and behaviour as part of any assessment.
- Identify and record any restrictions, supervision or control arrangements in place.
- Apply a multifactorial assessment rather than relying solely on the previous acid test.
- Maintain clear records of Mental Capacity Act assessments, best interests decisions and least restrictive practice.
- Continue to submit DoLS applications where there is doubt, or where a person may be deprived of their liberty.
- Seek advice from the Hertfordshire DoLS Team for uncertain, complex, disputed or high-risk situations.
Click here to view guidance (created August 2026)
Key Messages
- Avoid blanket decisions about groups of people.
- Consider each person’s circumstances individually.
- Clearly record decisions, rationale and evidence.
- Continue to apply the Mental Capacity Act and least restrictive principles.
- Where there is doubt, seek advice and consider whether a DoLS application is appropriate.
Please note: The legal position regarding deprivation of liberty changed following the Supreme Court judgment in June 2026. Providers should ensure decisions are based on the latest guidance and seek advice from the Hertfordshire DoLS Team where there is uncertainty. HCPA will continue to share updates, resources and local guidance as further information becomes available.