In 2026, the Supreme Court overturned the Cheshire West acid test - the legal benchmark that has defined Deprivation of Liberty Safeguards (DoLS) practice since 2014.
This is the most significant shift in mental capacity and liberty protection law in over a decade, with far-reaching implications for health, social care, and legal professionals across England and Wales.
What Has Changed
The acid test - whether a person is "under continuous supervision and control and not free to leave" - has been the cornerstone of DoLS assessments since the original ruling.
Its removal changes how deprivation of liberty is identified, assessed, and authorised. If your practice, policies, or training are built around the old framework, they need to be revisited now.
Why This Matters: The Risks of Not Acting
Failing to understand and apply the new legal position puts you, your organisation, and the people in your care at risk:
- Authorising a deprivation of liberty under outdated criteria could constitute an unlawful restriction of a person's Article 5 rights
- Organisations that haven't updated their DoLS and MCA frameworks face increased CQC scrutiny and potential legal challenge
- Professionals who haven't upskilled risk making decisions that lack legal defensibility in the Court of Protection
- Outdated policies and procedures could expose your organisation to civil liability
The law has changed. The standard of practice must change with it.
How Bond Solon Can Help
With over 30 years of experience training legal and social care professionals in Mental Capacity Act and Court of Protection practice, Bond Solon's courses are built for the realities of the role.
The updated training reflects the post-Cheshire West legal landscape, giving you and your team the knowledge and confidence to practise safely under the new framework:
- Understand exactly what the ruling means for your role and responsibilities
- Update your organisation's DoLS processes and policies with confidence
- Prepare for Court of Protection proceedings under the new legal standard
- Demonstrate to regulators and courts that your practice is current and defensible
Keep me Updated
Bond Solon will be providing further insight, analysis and practical training on what life after Cheshire West looks like for professionals.
To be the first to hear about upcoming guidance and training, please register your interest below:
Cheshire West Courses
With the Cheshire West ruling reshaping practice, these must-attend courses will help you stay confident and fully up to date - don’t get left behind
Insights & Articles
Staying ahead of the Cheshire West ruling starts with understanding it.
