18/06/2026
UK Supreme Court judgment on deprivation of liberty
The UK Supreme Court has recently handed down a judgment changing the definition of deprivation of liberty.
The Department of Health and Social Care has published guidance on GOV.UK, setting out the main points from the judgment and what providers, local authorities, health and social care staff, and others involved in care arrangements should consider.
TSA is sharing this information for awareness. Any enquiries about the judgment, its implications, or individual care arrangements should be directed to the DHSC guidance in the first instance. Where specific advice is needed, organisations should follow their own local legal, safeguarding and Mental Capacity Act processes.
The DHSC guidance is available here:
https://www.gov.uk/government/publications/changes-to-the-definition-of-deprivation-of-liberty/uk-supreme-court-2026-judgment-on-what-constitutes-a-deprivation-of-liberty
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