Deprivation of Liberty Safeguards
A Supreme Court decision delivered on 2 June 2026 has changed how we decide whether a person's care arrangements amount to a deprivation of liberty.
This means:
- We no longer use the Cheshire West "acid test". Instead, we apply a multi-factorial assessment.
- A person who cannot make decisions about where they live or the care they receive may still be able to give subjective consent to arrangements that could be seen as a deprivation of liberty. If they can give this consent, they would not be viewed as being deprived of their liberty.
We are waiting for updated national guidance, which should be published soon. Until then, professionals and families can find helpful guidance here:
- A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 - UK Supreme Court - in particular their press summary
- The webinar by 39 Essex Chambers - The End of the Cheshire West Era: The Supreme Court's New Tests for Objective and Subjective Deprivations of Liberty | 39 Essex Chambers and their Summary of Judgment
- Supreme Court overturns Cheshire West judgment - Community Care
Make a DOLS application
Only care homes or hospitals can make a DOLS application.
Before applying you need to know which 'supervisory body' to apply to.
Norfolk County Council is the supervisory body for people who meet all of the following conditions:
- They are 'ordinary resident' in Norfolk - this means they started to receive care from Norfolk Adult Care Services while living and paying council tax in Norfolk
- They may be deprived of their liberty in a hospital or care home
- They cannot consent to this
You can check if Norfolk County Council is the correct supervisory body by visiting Find your local council - GOV.UK Website and entering the person's home postcode.
If you do not apply to the correct supervisory body, it can cause delays.
To make an application to Norfolk County Council use our Deprivation of Liberty Safeguards (DOLS) online form.
You can print a copy of your application for your records at the end of the process. You no longer need to fax or post the council a paper copy of the form, as we have simplified our process.
