PARLIAMENTARY WRITTEN QUESTION
(28 August 2026)

To ask the Secretary of State for Health and Social Care, with reference to the judgment in A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act [2026] UKSC 16, what steps her Department has taken to support local authorities in respect to people who were previously subject to Deprivation of Liberty Safeguards (DoLS) authorisations but who, following the that judgment, now no longer fall within the scope of DoLS.

Asked by:
Juliet Campbell (Labour)

The Department has carefully considered the Supreme Court’s judgment and, on 15 June 2026, published an update for the health and care sector, available at the following link:

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

The update sets out the implications of the judgment and the factors to consider when assessing whether an individual is deprived of their liberty. It also advises local authorities and care providers to begin planning how to prioritise their current caseload, including existing authorisations, individuals on waiting lists, and new referrals. The Department will publish further interim guidance this autumn to help the sector apply the judgment in practice.

The deprivation of liberty safeguards (DoLS) system will continue to apply, in line with the changes required by the Supreme Court judgment. DoLS are only one of several protections in place. Additional safeguards include the Mental Capacity Act, local authority safeguarding duties required by the Care Act 2014, and common law duties of care, some of which also include the right to an advocate.

Answered by:
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