Dynamic Insights

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The latest judgment means your Trust’s MCA training could be out of date and your colleagues could be dealing with patients in a non-compliant manner.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

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

Could our current Mental Capacity Act (MCA) training be out of date?

Who should be concerned about these changes?

What risks are associated with not updating training?

What should Trusts do now?

How quickly do changes need to be implemented?

How can specialist training support compliance?

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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 20 March 2024
 
 
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 27 February 2024
 
 
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 26 February 2024
 
 
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 26 February 2024
 
 
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 22 February 2024
 
 
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 9 February 2024
 
 
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 8 February 2024
 
 
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 6 February 2024
 
 
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 1 February 2024
 
 
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 1 February 2024
 
 
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