DoLS in 2026: What the Supreme Court's Cheshire West Ruling Means for Care Staff Training
On 2 June 2026, a seven-justice Supreme Court panel unanimously overturned its own 2014 Cheshire West judgment, scrapping the “acid test” that has decided who counts as deprived of their liberty for the past twelve years. For the roughly 400,000 people currently subject to a DoLS authorisation, and for every registered manager who signs those applications, this is not a legal footnote. The judgment took effect immediately, with no transition period, which means care providers are now working under a materially different definition of deprivation of liberty than they were on 1 June.
What Actually Changed
Since Surrey County Council v P; Cheshire West and Chester Council v P [2014] UKSC 19, a person was treated as deprived of their liberty if they were under continuous supervision and control and not free to leave, regardless of how comfortable or appropriate their care arrangements were. This was Lady Hale’s “acid test”, and it drove a sharp rise in DoLS applications: 364,900 were made in England in 2024/25 alone, a 9.8% increase on the year before, with a backlog running into six figures.
364,900 DoLS applications were made in England in 2024/25 — a 9.8% year-on-year increase, and the system the Supreme Court has now stepped in to reshape.
The 2026 judgment rejects that binary test. In its place is a multifactorial assessment drawn from European Court of Human Rights case law, weighing the type, duration, effects and context of any restriction, alongside whether the person has given valid consent, which can now include their expressed wishes and feelings, even where they lack capacity under the Mental Capacity Act 2005. The DoLS Code of Practice was republished the same day, and the Department of Health and Social Care has said interim guidance and case studies will follow.
Acid Test vs the New Multifactorial Approach
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Old Acid Test (2014–2026)
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New Multifactorial Approach (2026 onward)
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Why This Matters for Care Providers Right Now
Some individuals currently authorised under DoLS may no longer meet the new definition, and some pending applications may need to be reassessed before they go further. Care plans, best interests decisions and COPDOL11 applications drafted against the old acid test were written for a legal test that no longer applies. Most importantly, any staff member who was trained, however recently, using acid test language is now working from an outdated framework. This is a live compliance gap, not a future one, and it sits squarely inside your safeguarding and Mental Capacity Act responsibilities.
It is also worth separating this from the Liberty Protection Safeguards. LPS is a different, ongoing reform intended to eventually replace DoLS altogether; a government consultation is expected in the first half of 2026, but implementation is unlikely before 2027. DoLS, now interpreted through this new multifactorial lens, remains the operative legal framework. Staff who conflate the two risk applying guidance that isn’t yet in force.
What This Means for Safeguarding and MCA Training
Annual refresher cycles are not built for a mid-year change of this scale. If your last Mental Capacity Act or safeguarding update predates 2 June 2026, your team is working from superseded content, regardless of when their certificate is due for renewal. Safeguarding leads and anyone completing DoLS assessments or best interests decisions need a targeted briefing on the new test, not just a routine repeat of last year’s course.
Our Safeguarding Vulnerable Adults (SOVA) Level 2 training (careskillstraininguk.co.uk/training/safeguarding-adults/) already covers Mental Capacity Act legislation as part of its core content, and is a practical starting point for bringing a team’s knowledge back in line with the current legal position.
Five Steps to Take This Month
- Brief your safeguarding lead, DoLS assessors and any Court of Protection contacts on the ruling and its immediate effect.
- Flag the change in your next staff meeting and in induction materials, rather than waiting for the next scheduled update.
- Review any pending or recent COPDOL11 applications and best interests assessments against the new multifactorial test.
- Update training records with an “unscheduled update” note, and book refresher sessions for anyone whose last MCA or safeguarding training predates June 2026.
- Monitor DHSC’s interim guidance and the revised MCA Code of Practice, and keep an eye on the separate LPS consultation running alongside it.
CQC Framework Focus: What Inspectors Will Expect
Under the Safe and Well-led key questions, CQC inspectors already probe whether staff understand consent, capacity and restriction in practice, not just on paper. Following this ruling, expect inspectors to ask care staff and managers directly whether they are aware of the June 2026 change, and to look for evidence — training records, meeting minutes, updated care plans — that the organisation has acted on it rather than continuing to apply the old acid test by default. This connects directly to the evidenced-competency approach CQC already takes to
CQC inspections more broadly, covered in our CQC Inspection 2026 guide (careskillstraininguk.co.uk/blog/cqc-inspection-2026-staff-training-guide/), and to the standards covered in Mastering the Care Certificate in 2026 (careskillstraininguk.co.uk/blog/mastering-the-care-certificate-in-2026/).
📋 Need to bring your safeguarding and Mental Capacity Act training up to date? Our CPD-accredited Safeguarding Vulnerable Adults (SOVA) Level 2 course covers Mental Capacity Act principles and current legislation, and can be completed online in under three hours. Enrol your team today or get in touch for a group quote.
Key Takeaways
- The Supreme Court overturned Cheshire West on 2 June 2026, with immediate effect and no transition period.
- The old “acid test” is replaced by a multifactorial Article 5 assessment that includes valid consent.
- The Liberty Protection Safeguards are a separate, still-pending reform, not yet in force.
- Safeguarding and MCA training should be updated now, independent of your annual refresher schedule.
- CQC will expect evidence that staff understand and are applying the new position.