Supreme Court redefines deprivation of liberty

In judgment handed down today (2 June 2026) ([2026] UKSC 16), the Supreme Court has rejected the definition of deprivation of liberty (DoL) as set out in 2014 by the Cheshire West case ([2014] UKSC 19).

This is a significant shift in the law and will have a wide-ranging impact across all aspect of health and social care. Immediate consideration should be given to organisational updates and practice/policy revisions.

Hempsons will be hosting a webinar on Friday 5 June 2026 to explain the judgment, its practical impact, and the steps organisations should now take to review policies and practice.