Question to the Department of Health and Social Care:

To ask His Majesty's Government what estimate they have made of the number of people who will lose access to independent reviews and advocacy as a result of the Supreme Court ruling removing the Cheshire West Deprivation of Liberty Safeguards framework; and what assessment they have made of the risk of increased abuse and neglect in closed care settings as a consequence.

The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The deprivation of liberty safeguards (DoLS) will continue to apply in line with changes required by the Supreme Court judgment. This includes the right to independent reviews and advocacy where appropriate.

The Department published an update on GOV.UK on 15 June in response to the judgement, a copy of which is attached. The update includes initial steers on what the judgment means, including for valid consent, for practitioners and all those involved in supporting individuals where is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible. The update is attached below.

Individuals receiving care and support who are not subject to DoLS can also access independent reviews and advocacy where appropriate under a range of other safeguards available, including the Mental Capacity Act 2005 (MCA) and the Care Act 2014.

The Care Quality Commission (CQC) undertakes independent oversight of these safeguards, including DoLS, and will continue to do so in light of the Supreme Court judgment. As part of their inspection regime, CQC checks that care settings and providers have effective systems to help keep adults safe from abuse and neglect, including those subject to DoLS and those not subject to DoLS.