The judgement, 2nd June 2026, overturned the ruling from 2014 therefore abolishing the ‘acid test’ which the courts deemed as overly rigid and extensive as it did not take context into account. Instead, the Court adopted a context-dependant assessment which takes several factors into account:
- Type of restrictions on the person
- Duration of the restrictions on the person
- Effects of the restrictions on the person
- Manner of implementation of the restrictions on the person
Further, the ruling outlines that consent can be given if a person is ‘conscious of their environment, have a basic level of understanding and are capable of expressing a view that they accept, or are happy with the situation’. However, it is made clear that if serious doubt is present, no conclusion of valid consent can be made.
What should providers do now?
Registered Care Home Providers have been asked to ‘upskill their workforce on the definition of deprivation of liberty in line with this change in the law’ as this ruling took immediate effect.
We can help you!
- Through our DoLs: Updates to Practice Course, which we can specifically tailor to your team
- Support the review your current deprivation of liberty practices
- Assist how decisions can be made on an individual basis, and documented clearly
- Carry out a mock inspection, taking a look at your current practices.
This change will have a huge impact on the sector, but we are here to support you through it.
