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On 24th March 2014, the UK Supreme Court issued a landmark ruling in the Cheshire West case, which significantly broadened the legal definition of a deprivation of liberty under the Mental Capacity Act 2005.
This ruling impacts all care providers in England and Wales—especially care homes, hospitals, and other health and social care environments.
The judgment clarified that a person who lacks capacity to make decisions about their care can only be lawfully deprived of their liberty if authorised by:
The ruling introduced a simplified legal standard—known as the acid test—which consists of two questions:
If the answer to both is “yes”, then it is considered a deprivation of liberty—regardless of how “normal” or caring the setting appears.
With an estimated 200,000 people living with dementia in care homes across England and Wales (Alzheimer’s Society), a significant number are likely to meet the acid test conditions. This means many care providers must now ensure proper DoLS authorisations are in place.
If a person lacks capacity and is not free to leave or is under constant supervision, a DoLS application must be made to comply with the law and safeguard their rights.
