Parliamentary Search

Written question asked by Lord Rennard (Liberal Democrat) on Wednesday, 3 June 2026, in the House of Lords. It was due for an answer on Wednesday, 17 June 2026. It was answered by Baroness Merron (Labour) on Tuesday, 16 June 2026 on behalf of the Department of Health and Social Care.

Deprivation of Liberty Safeguards

Question

To ask His Majesty's Government what plans they have to issue interim guidance to local authorities and health and care providers following the Supreme Court ruling that removes the Cheshire West framework for Deprivation of Liberty Safeguards; and what timeline they have set, if any, for bringing forward new legislation to restore independent oversight of care arrangements for people who lack mental capacity.

Answer

The Department will produce guidance to assist with the implications of this ruling. We are working with a range of stakeholder partners and charities to develop the guidance as quickly as possible. Public bodies, including the National Health Service and local authorities, should be alert to emerging guidance and be prepared to update local practice promptly.

There are currently no plans to bring forward new legislation to restore independent oversight of care arrangements for people who lack mental capacity. Deprivation of Liberty Safeguards are one of several ways that United Kingdom legislation protects people’s rights. The Care Act 2014 provides explicit safeguards for adults with care and support needs. Section 5 of the Care Act 2014 states that local authorities must ensure that the services they commission are safe, effective, and of high quality.

Secondary information

Type
Written question
Reference
HL637
Session
2026-27
Subjects
Judgements Supreme Court Deprivation of liberty safeguards
Link
View this Written question on www.parliament.uk