Deprivation of Liberty Safeguards
This update relates to A reference by the Attorney General for Northern Ireland [2026] UKSC 16.
On 2 June 2026, the Supreme Court overturned the 2014 Cheshire West "acid test" ruling. This took immediate effect, and we are waiting for guidance from the Department of Health and Social Care.
While we wait for this guidance, we encourage partners to continue submitting DoLS forms 1 and 2 as usual.
What happens next
The SBC DoLS team will continue to triage requests and work in partnership with you to decide whether an assessment is required.
If we decide that an assessment is not required, we will send you a DoLS form 6 (authorisation not granted) with our rationale, for you to keep on record.
If you need access to a DoLS form 1 or 2, email DOLS@swindon.gov.uk.
Useful resources
Below are some useful resources:
- 39 Essex Chambers: The End of the Cheshire West Era, including a one-hour presentation, slide deck and factsheet summarising the judgment
- CQC statement on the Supreme Court's judgment on deprivation of liberty
- UK government guidance on the Supreme Court's 2026 judgment on what constitutes a deprivation of liberty
Notes
Please continue to document detailed observations of the cared-for person's experience of living in the care home.
This will help you and assessors decide whether the person's experience is "positive", or whether they are objecting to their accommodation for the purpose of receiving care and support.
Thank you for your continued support.