Deprivation of Liberty Safeguards

(asked on 3rd June 2026) - View Source

Question to the Department of Health and Social Care:

To ask His Majesty's Government what steps they will take to protect the rights of people with disabilities following the Supreme Court ruling that overruled the Cheshire West framework for Deprivation of Liberty Safeguards.


Answered by
Baroness Merron Portrait
Baroness Merron
Parliamentary Under-Secretary (Department of Health and Social Care)
This question was answered on 16th June 2026

The Government remains firmly committed to safeguarding and protecting the rights of people with disabilities. The recent Supreme Court judgment clarifies the factors to consider when determining whether someone is deprived of their liberty for the purposes of Article 5 of the European Convention on Human Rights and that valid consent can be given.

The deprivation of liberty safeguards (DoLS) system will continue to apply in line with changes informed by the Supreme Court judgement. DoLS are one of several safeguarding protections in place. Adults with care and support needs are safeguarded through the Care Act 2014, which requires local authorities to ensure that commissioned services are safe, effective and high quality. Additional safeguards include the Mental Capacity Act, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission, and common law duties of care.

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