Guidance

Changes to the definition of deprivation of liberty

Update following the Supreme Court judgment on 2 June 2026 clarifying the definition of the deprivation of liberty.

• From: Department of Health and Social Care
• Published: 15 June 2026
• Last updated: 22 September 2026
  Show all updates

  1. 22 September 2026

     Updated the 'Who this applies to' section to add links to MCA and DoLS e-learning material.

  2. 15 June 2026

     First published.

Documents

UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty

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Details

The Department of Health and Social Care (DHSC) has published this update as a result of the Supreme Court judgment on 2 June 2026. These changes to the definition of deprivation of liberty apply with immediate effect and extend across the UK.

This update is for:

• health and social care staff
• anyone who cares for an individual who lacks capacity to consent to their care and residence where there is or may be a deprivation of liberty
• staff with responsibility for organisational policies, procedures and internal or external facing documents relating to deprivation of liberty safeguards