What does the supreme court decision on Deprivation of Liberty Safeguards (DoLS) mean for people with Prader-Willi syndrome?
Sarah Brindle, PWSA UK's mental capacity lead explains the implications of the DoLs ruling for PWS
Update: New Deprivation of Liberty Guidance Now Available
27th July 2026
Nation - Current position
England & Wales - DHSC interim guidance published
Northern Ireland - National guidance published
Scotland - No national guidance published yet
Following the recent Supreme Court judgment regarding the definition of deprivation of liberty, a number of organisations have now published guidance to support health and social care professionals.
As many of you will know, I have previously written about the changes arising from the judgment itself. This update is simply to signpost the latest guidance documents that are now available across the UK.
England and Wales – Department of Health and Social Care (DHSC)
The Department of Health and Social Care has published interim guidance outlining the immediate implications of the Supreme Court judgment. The guidance confirms that the changes take effect immediately across the UK and provides an overview of the new legal position, with further practical guidance and case studies expected in due course.
The guidance can be accessed here:
https://www.gov.uk/government/publications/changes-to-the-definition-of-deprivation-of-liberty
Care Quality Commission (CQC)
The Care Quality Commission has published a statement acknowledging the significance of the judgment and outlining how it will inform its regulatory approach. The CQC also reminds providers that the judgment has immediate effect and that organisations should familiarise themselves with the new legal position.
Read the CQC statement here:
https://www.cqc.org.uk/news/cqc-statement-supreme-courts-judgment-deprivation-liberty
ADASS Practice Note
The Association of Directors of Adult Social Services (ADASS) has published a practice note for local authorities, building on the DHSC guidance and highlighting key considerations for practitioners and organisations.
Access the ADASS update here:
Northern Ireland
As the Supreme Court case originated from a reference by the Attorney General for Northern Ireland, Northern Ireland has also published guidance to support implementation of the judgment within its own Mental Capacity Act (Northern Ireland) 2016 framework. This guidance provides additional information for practitioners working within Northern Ireland's legal system and complements the UK-wide implications of the judgment.
Northern Ireland guidance can be accessed via the Department of Health website:
Scotland
At the time of writing, the Scottish Government has not published equivalent national operational guidance following the Supreme Court judgment.
Although the judgment applies across the UK because it concerns Article 5 of the European Convention on Human Rights, Scotland continues to operate under the Adults with Incapacity (Scotland) Act 2000. Practitioners in Scotland should continue to follow existing Scottish legislation while monitoring for any future guidance issued by the Scottish Government or the Mental Welfare Commission for Scotland.
As further national guidance, case studies and training resources are released, I will continue to provide updates through the website to help practitioners keep up to date with this important area of mental capacity law.
What does the supreme court decision on Deprivation of Liberty Safeguards (DoLS) mean for people with Prader-Willi syndrome?
10th June 2026
Many families in our PWS community may have seen recent discussions about a significant Supreme Court decision relating to Deprivation of Liberty Safeguards (DoLS). As this is an important development for people who may lack capacity to make some decisions for themselves, I wanted to explain what has happened, what it could mean, and what we are expecting to happen next.
A quick reminder – what are DoLS?
Deprivation of Liberty Safeguards (DoLS) are legal protections designed to ensure that when a person who lacks capacity is receiving care or treatment that restricts their freedom, those restrictions are lawful, necessary, and in their best interests.
For many people with learning disabilities, autism, dementia, acquired brain injuries, or other conditions affecting decision making, DoLS provide important safeguards. They ensure that restrictions are independently reviewed and that people have access to advocacy and legal protections where needed.
Since a landmark case known as Cheshire West in 2014, the legal test for deciding whether someone was deprived of their liberty became much broader. This resulted in many more people receiving the protections offered by DoLS.
What has the Supreme Court decided?
On the 2nd June 2026, the Supreme Court overturned the approach established by the Cheshire West judgment. The Court decided that the previous "acid test" used to identify a deprivation of liberty had gone too far and should no longer be the main way of deciding whether someone is deprived of their liberty.
The Court also found that, in some circumstances, a person who lacks capacity to make decisions about their care arrangements may still be able to express acceptance of those arrangements through their wishes, feelings, or behaviour. This could mean that some situations which previously required DoLS authorisation may no longer be considered a deprivation of liberty.
Why are people concerned?
A number of disability organisations, including Mencap, Mind and the National Autistic Society, have expressed serious concerns about the ruling. They argue that fewer people may now receive independent scrutiny of their care arrangements and that some important safeguards could be lost.
For families, one of the biggest worries is that people who appear content, compliant, or unable to communicate objections may no longer automatically receive the protections that DoLS previously provided. Campaigners have warned that this could make it harder to identify situations where restrictions are excessive or where care arrangements need closer review.
Others, including some local authority leaders and legal commentators, believe the decision may reduce an overstretched and complex system that had become difficult to manage since Cheshire West.
What does this mean for people with Prader-Willi Syndrome?
At the moment, there are more questions than answers.
Many people with PWS live with restrictions that are put in place to keep them safe, particularly around food access, supervision, community access, and support arrangements. These restrictions are often necessary because of the significant risks associated with hyperphagia and related health complications.
The Supreme Court decision does not mean these safeguards disappear overnight, nor does it mean that people will automatically lose their rights or protections.
However, it is likely that professionals, local authorities, care providers and the courts will now need to reconsider how they assess whether a person's care arrangements amount to a deprivation of liberty.
For some individuals, particularly those who appear happy with their support arrangements and do not actively object, there may be changes in how legal authorisation is approached in the future.
What happens next?
The judgment takes effect immediately, but national guidance is still expected. The Government has indicated that it will consider the judgment carefully and provide further guidance to the health and social care sector.
There are also ongoing discussions about the future introduction of Liberty Protection Safeguards (LPS), which were originally intended to replace DoLS. Although LPS legislation was passed several years ago, it has never been implemented, and the Government has previously committed to consulting on its future direction.
Over the coming months we are likely to see:
- New guidance issued for local authorities and care providers.
- Clarification about what happens to existing DoLS authorisations.
- Further discussion about the future of Liberty Protection Safeguards.
- Possible legal challenges and case law that help explain how the new approach should work in practice.
Reassurance for families
I know that legal changes like this can feel worrying, particularly when they relate to some of our most vulnerable family members.
It is important to remember that the Mental Capacity Act remains in place. Professionals must still act in a person's best interests, involve people in decisions as far as possible, and ensure that any restrictions are necessary and proportionate.
At PWSA UK, we will continue to monitor developments closely and provide updates as more information becomes available. At present, much of the detail about how this judgment will be implemented is still emerging.
As always, our focus remains on ensuring that people with PWS have their rights protected while receiving the support and safeguards they need to live safe, meaningful and fulfilling lives.
Sarah Brindle
Mental Capacity Lead and Specialist Advisor
