In 2026, the Supreme Court overturned a decade of automated DoLS practice, declaring that the simplified 'acid test' checklist derived from Cheshire West is no longer legally sufficient on its own.
This landmark ruling in the AGNI Reference marks the most significant shift in mental capacity and liberty protection law in over ten years. It completely changes how health, social care, and legal professionals across England and Wales must identify and assess a deprivation of liberty.
The Shift in Practice
The acid test - whether a person is "under continuous supervision and control and not free to leave" - has been the formulaic cornerstone of DoLS assessments since 2014.
The Supreme Court’s rejection of this automated approach fundamentally changes how a deprivation of liberty must be identified, assessed, and authorised.
If your practice, policies, or internal training tools are still built around treating the acid test as a simple, mechanical tick-box exercise, they are now legally non-compliant and must be updated immediately.
Why This Matters: The Risks of Not Acting
Failing to understand and apply the new legal position puts you, your organization, and the people in your care at immediate risk:
- Unlawful State Authorisations: Authorising a deprivation of liberty using outdated, automated criteria results in individuals being unlawfully processed as "detained" by the state when they do not meet the strict post-2026 threshold.
- Increased CQC & Regulator Scrutiny: Care providers who fail to update their frameworks to match Senior Judge Hilder's strict new evidencing requirements risk immediate non-compliance markers during audits and inspections.
- Loss of Defensibility in Court: Professionals who haven't upskilled will continue writing boilerplate report forms that will be immediately thrown out or penalised by the Court of Protection.
- Civil and Systemic Liability: Operating under obsolete policies exposes your organisation to direct civil liability claims for mismanaging the legal status and fundamental human rights of vulnerable residents.
The law has changed. Your 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.
