UK Supreme Court redefines deprivation of liberty
The UK Supreme Court has issued a landmark judgment redefining the concept of deprivation of liberty under the Mental Capacity Act 2005. This decision, published on June 15, 2026, introduces a multifactorial assessment approach, moving away from the previous 'acid test' established in 2014. The ruling emphasizes the importance of considering an individual's ability to consent to their care arrangements, even if they lack full mental capacity. Health and social care providers are advised to review and update their policies to align with this new legal framework.
Background
The Mental Capacity Act 2005 (MCA) defines deprivation of liberty by referencing Article 5(1) of the European Convention on Human Rights (ECHR). In 2014, the Supreme Court's 'Cheshire West' judgment established an 'acid test' to determine if someone is deprived of their liberty, focusing on continuous supervision and control and the individual's freedom to leave.
The 2026 Judgment
On June 2, 2026, the Supreme Court delivered a judgment that changes the definition of deprivation of liberty. The key points include:
- Moving away from the 'acid test' to a multifactorial assessment.
- Considering the individual's ability to consent to their care arrangements, even if they lack full mental capacity.
- Emphasizing the purpose of restrictions, distinguishing between safekeeping and punishment.
Implications for Health and Social Care
Health and social care providers must:
- Review and update policies and procedures to reflect the new legal framework.
- Train staff on the updated definition and assessment process.
- Ensure that care arrangements are in line with the individual's rights and the new legal standards.
The Department of Health and Social Care (DHSC) will publish additional guidance to assist with the implementation of this ruling.