Changes to the definition of deprivation of liberty

The Department of Health and Social Care (DHSC) has published this update as a result of the Supreme Court judgment on 2 June 2026. These changes to the definition of deprivation of liberty apply with immediate effect and extend across the UK.

This update is for:

• health and social care staff
• anyone who cares for an individual who lacks capacity to consent to their care and residence where there is or may be a deprivation of liberty
• staff with responsibility for organisational policies, procedures and internal or external facing documents relating to deprivation of liberty safeguards