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Written question asked by Lord Scriven (Liberal Democrat) on Monday, 8 June 2026, in the House of Lords. It was due for an answer on Monday, 22 June 2026. It was answered by Baroness Merron (Labour) on Wednesday, 17 June 2026 on behalf of the Department of Health and Social Care.

Compulsorily Detained Psychiatric Patients

Question

To ask His Majesty's Government, following the Supreme Court's judgment in June regarding the Cheshire West framework (UKSC/2025/0042), what plans they have to issue guidance relating to consent to deprivation of liberty by vulnerable individuals, specifically to ensure superficial contentment or lack of active protest is not misconstrued as valid consent to restrictions on their physical liberty.

Answer

The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The deprivation of liberty safeguards (DoLS) are only one of several protections in place, and there are a range of other safeguards which are available to individuals who are not subject to DoLS. These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission, and common law duties of care. Through these, individuals not subject to DoLS, who are receiving care and support, would be able to access independent advocacy as well as independent scrutiny of their care, including consideration of whether there is proportionate use of restrictive practice where appropriate.

The Department published an update on the GOV.UK website on 15 June in response to the judgement, in an online-only format. The update includes initial steers on what the judgment means, including for valid consent, for practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible.

Secondary information

Type
Written question
Reference
HL760
Session
2026-27
Grouped for answer
Yes
Subjects
Compulsorily detained psychiatric patients Advocacy Mental capacity
Link
View this Written question on www.parliament.uk