Supreme Court judgment on deprivation of liberty
Our statement on the Supreme Court's judgment and what it means for providers and responsible bodies.
On 2 June 2026, the Supreme Court issued a judgment that changes how deprivation of liberty is assessed in law. Care Inspectorate Wales is working closely with Welsh Government and Healthcare Inspectorate Wales to understand the implications and develop a consistent, proportionate national approach. Read the Supreme Court judgment summary.
The judgment takes effect immediately. We know this creates uncertainty, and we understand guidance from the UK Government is expected shortly.
In the meantime, responsible bodies and providers should review current arrangements. Where you think changes to practice may be needed, seek legal advice as necessary. CIW will take a proportionate approach to inspection during this period, recognising organisations are working to respond. However, legal duties under the Mental Capacity Act 2005 remain in place. This includes assessing whether arrangements amount to a deprivation of liberty, ensuring care is person-centred, and safeguarding people’s rights.