Your NHS Trust may need training support for DoLS safeguarding

BY MATTHEW JOHNSON

The latest Supreme Court judgment on DoLS means you should act now

Are you responsible for learning and development within your NHS Trust? The latest Supreme Court judgment on the acid test of when your Trust’s colleagues should implement deprivation of liberty safeguards has been passed, so this means every Trust should review its MCA training.

 

The latest judgment means your Trust’s MCA training could be out of date and your colleagues could be dealing with patients in a non-compliant manner.

What is the Supreme Court judgment and who does it affect?

On the 2nd June 2026, the Supreme Court issued a judgment which changed the definition of deprivation of liberty.

These changes come into effect immediately and extend to all healthcare and social care organisations throughout the UK.

This has implications for:

  • all health and social care staff
  • anyone who cares for an individual who doesn’t have capacity to consent to their own care and residence where there may be or is a deprivation of liberty
  • all staff responsible for organisational policies, procedures and internal or external facing documents relating to deprivation of liberty safeguards.

You can find more information on the 2026 judgment on Gov.uk, here.

What can you do about it?

The new definition applies to:

  • deprivation of liberty in care homes and hospitals for people aged 18 and over where the process of Deprivation of Liberty Safeguards (DoLS) applies (you can see the DoLS code of practice here).
  • deprivation of liberty in the community for adults who are 18 and over—and for children where it is authorised through the Court of Protection or the High Court’s jurisdiction. 

The Governement site says all affected orgainsations should begin aligning their practice with this new legislation, which has wide-ranging implications. In addition, local authorities and providers should take proportionate action and a considered approach in how they respond to the Supreme Court judgment. 

 

Using our extensive MCA expertise, Dynamic is already helping a number of NHS Trusts and healthcare organisations, not only to pick their way through the legislation, but also to help them bring their digital MCA training up to speed and ensure as many front-line staff members are operating in a fully compliant manner, as soon as possible.

Is your MCA and in particular, your DoLS digital learning, compliant?

In short, if you’re responsible for your Trust’s training, it’s a crucial, yet perfect time to check it still reflects current best practice, legal developments and guidance. And as it’s a Supreme Court judgment and effective immediately, it’s a legal requirement that your L&D teams need to address, now.

FAQs

What has changed in relation to the DoLS acid test?

A recent Supreme Court judgment has clarified when the Deprivation of Liberty Safeguards (DoLS) should be applied. As a result, NHS Trusts and social care organisations should review their current policies, procedures and training to ensure they reflect the latest legal position.

Why is this judgment important for NHS Trusts and care organisations?

Supreme Court judgments take effect immediately and can directly influence how care and treatment decisions are made. Failure to align practice with the updated legal guidance could result in non-compliant assessments and processes.

Could our current Mental Capacity Act (MCA) training be out of date?

Potentially, yes. If your MCA or DoLS training materials have not been reviewed since the judgment was issued, they may no longer accurately reflect current legal requirements and best practice.

Who should be concerned about these changes?

Anyone involved in assessing capacity, planning care, making best-interest decisions or managing DoLS processes should understand the implications of the judgment. This includes clinical staff, safeguarding teams, ward managers and training leads.

What risks are associated with not updating training?

Outdated training can lead to inconsistent decision-making, compliance issues and an increased risk that individuals' rights are not properly protected. It may also expose organisations to scrutiny from regulators or legal challenge.

What should Trusts do now?

Trusts should review their MCA and DoLS training programmes, check policies against the latest legal guidance and ensure staff understand any changes arising from the judgment.

How quickly do changes need to be implemented?

As the judgment is effective immediately, organisations should begin reviewing their training and practice as soon as possible to minimise compliance risks.

How can specialist training support compliance?

Specialist MCA and DoLS training can help organisations understand the practical implications of the judgment, update staff knowledge and ensure processes remain compliant with current law and best practice.

Over 25 years of providing expert healthcare learning services

When clients choose Dynamic, they tend to stay with us. That’s because we’re as invested in, not just ensuring that your teams remain compliant and up to speed, but also invested in your long-term success as much as you are. 

Talk to us about supporting your DoLS training to remain compliant

Or simply get in touch if you just have more questions.

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