CQC Calls for Immediate Action as Supreme Court Rewrites Deprivation of Liberty Rules
Care providers have been urged to review their practices without delay following a landmark Supreme Court ruling that fundamentally changes how deprivation of liberty is determined in England and Wales.
The Care Quality Commission (CQC) issued a formal statement on 9 June 2026 in response to the Supreme Court’s judgment, handed down on 2 June 2026, in a reference brought by the Attorney General for Northern Ireland. The regulator has described the ruling as “a significant development in case law” that carries immediate implications for residential and nursing care providers across the country.
The judgment establishes an entirely new legal framework for determining whether a person is being deprived of their liberty — a question that lies at the heart of safeguarding practice in care settings. Because the ruling takes effect immediately, providers cannot wait for formal official guidance before acting.
What Has Changed
The Supreme Court’s decision revises the existing approach used to assess whether residents may require a Deprivation of Liberty Safeguard (DoLS) authorisation. The judgment also clarifies that the definition of “valid consent” does not apply when determining whether a person is consenting to their care and treatment for these purposes — a point the CQC has specifically highlighted for providers to note.
Importantly, the ruling does not alter the requirements of the Mental Capacity Act 2005 or Regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Providers’ obligations under those frameworks remain unchanged.
Immediate Expectations for Providers
The CQC has made clear that care homes and nursing providers must familiarise themselves with the new legal position and adjust their practice accordingly — even before any official guidance is published. The regulator acknowledged this places providers in a challenging position, but emphasised that the ruling’s immediate effect leaves no room for delay.
Where uncertainty exists about how to interpret or apply the new framework in specific circumstances, providers are advised to seek independent legal advice to ensure compliance.
The CQC confirmed it is working with the Department of Health and Social Care (DHSC) and other key partners to determine the practical implications of the revised position, and said it will adopt a “proportionate approach” in its assessments in the interim.
Assessments will continue to focus on whether providers are:
• Considering, on a case-by-case basis, whether a deprivation of liberty authorisation may be required for individual residents
• Delivering person-centred care and actively seeking the views of each person using the service about their care
• Meeting all requirements of the Mental Capacity Act 2005, including acting in a person’s best interests, whether or not a deprivation of liberty is in question
Compliance with the broader requirements of the Health and Social Care Act 2008 and its associated regulations remains mandatory throughout.
The CQC acknowledged that the judgment “may cause uncertainty” for providers, local authorities and the people in their care. For residential and nursing care settings, where questions of mental capacity and deprivation of liberty are a daily operational reality, the ruling raises pressing questions about assessments, documentation and authorisation processes.
