Deprivation of Liberty Safeguards
The question
To ask the Secretary of State for Health and Social Care, whether his Department plans to consult publicly on the implications of the recent Supreme Court judgment on deprivation of liberty; whether he has made an assessment of the potential impact of that judgment on access to independent scrutiny, advocacy and legal remedies for people who lack mental capacity; whether he plans to review the adequacy of safeguards for adults receiving (a) care and (b) treatment in hospitals, care homes and supported living settings following the judgment; and what steps he is taking to ensure that vulnerable people continue to have appropriate protections against abuse, neglect and inappropriate restrictions on their liberty.
Answered by Stephen Kinnock
The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The Department published an update on GOV.UK on 15 June 2026 in response to the judgement.
We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible. There are currently no plans to consult publicly on the implications of the Supreme Court judgment.
There has been no assessment of the potential impact of that judgment on access to independent scrutiny, advocacy and legal remedies for people who lack mental capacity. Deprivation of Liberty Safeguards (DoLS) are one of several ways that United Kingdom legislation protects people’s rights. The Care Act 2014 provides explicit safeguards for adults with care and support needs.
As recommended by Baroness Casey, we are working at pace to set up a new National Adult Safeguarding Board to strengthen national oversight and accountability of the safeguarding system and to and to undertake a review of adult safeguarding statutory duties and powers.
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