Question to the Department of Health and Social Care:

To ask His Majesty's Government what plans they have to issue interim guidance to local authorities and health and care providers following the Supreme Court ruling that removes the Cheshire West framework for Deprivation of Liberty Safeguards; and what timeline they have set, if any, for bringing forward new legislation to restore independent oversight of care arrangements for people who lack mental capacity.

The Department will produce guidance to assist with the implications of this ruling. We are working with a range of stakeholder partners and charities to develop the guidance as quickly as possible. Public bodies, including the National Health Service and local authorities, should be alert to emerging guidance and be prepared to update local practice promptly.

There are currently no plans to bring forward new legislation to restore independent oversight of care arrangements for people who lack mental capacity. Deprivation of Liberty Safeguards are one of several ways that United Kingdom legislation protects people’s rights. The Care Act 2014 provides explicit safeguards for adults with care and support needs. Section 5 of the Care Act 2014 states that local authorities must ensure that the services they commission are safe, effective, and of high quality.