DoLS Update - Supreme Court Ruling

A landmark ruling, an immediate impact - understanding the changes to DoLS following the Supreme Court ruling.

The new landmark AGNI (Attorney General for Northern Ireland) ruling will fundamentally change how deprivation of liberty safeguards are defined in England and Wales.

In a ruling that sends shockwaves through adult social care, the Supreme Court has handed down its judgment in the AGNI (Attorney General for Northern Ireland) case and with it, replaced the decade-old Cheshire West acid test that has underpinned deprivation of liberty safeguards legislation since 2014.

The Department of Health and Social Care (DHSC) has responded swiftly with interim guidance to help councils, care homes, hospitals and their workforces adapt to the new legal landscape and the implications are wide-ranging.

What's changed at a glance

1. A new multifactorial test replaces the acid test

Assessors must now weigh up a broader range of factors including purpose, duration, and the person's own wishes and feelings rather than applying a binary "continuous supervision and control" check.

2. Consent can now be expressed not just based on mental capacity

Even where a person lacks full capacity, they may still give valid consent through their wishes and feelings, provided they have sufficient awareness of their situation.

3. Thousands of DoLS authorisations are now under review

Many people currently subject to DoLS may no longer qualify. Councils are asked to review existing authorisations "as soon as is practicable" and plan how they will prioritise cases.

Who does this ruling affect?

The ruling has an immediate effect on DoLS practice in care homes and hospitals. It also applies to Court of Protection cases involving 16- and 17-year-olds and adults living in supported housing, Shared Lives, extra care or domestic settings.

In practical terms, that means best interests assessors (the majority of whom are social workers), local authority DoLS teams, care home managers, hospital staff, and anyone working in supported living settings all need to understand this new legal position now.

Objection, compliance, and the "wishes and feelings" test

One of the most significant shifts in day-to-day practice is how practitioners must now assess consent. The DHSC guidance is clear: compliance does not automatically equal consent. A person who appears settled could still be objecting through subtle behaviour and practitioners are expected to look carefully.

Signs of objection can include attempting to leave, refusing care, requiring physical restraint, or receiving covert or sedating medication. Equally, practitioners must ask the critical question: does this person actually understand their situation, and are they happy or unhappy with it?

This takes time, skill, and nuance and may require multiple visits, careful review of care notes, and conversations with family members and staff.

"Councils and providers should use their professional experience and take a proportionate and considered approach in how they respond." Says the Department of Health and Social Care interim guidance, June 2026

What happens next?

The DHSC has committed to publishing further interim guidance, including case studies to help practitioners understand how the new test applies in practice. Over the coming months we are likely to see, new guidance issued for local authorities and care providers.

Organisations are being called upon to review publications, share the ruling widely across their teams, and invest in upskilling their workforces without delay.

We eagerly await further guidance and the new code of practice. In the meantime care providers should seek further support from their supervisory body and CQC.

We know that a ruling of this magnitude requires more than a policy read, it requires real understanding. We're working to bring you dedicated learning resources on this judgement, the new multifactorial test, and what it means for your daily practice. Watch this space.

There is no change to requirements of the Mental Capacity Act 2005 and Social Care TV is here to help your team get up to speed.

Our training will be updated in line with the new regulations once clear guidance is released.