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On 2 June 2026, the Supreme Court published a judgment changing the definition of what amounts to a deprivation of liberty. The changes apply with immediate effect and extend across the UK.
Following the ruling, the Department of Health and Social Care has published guidance which includes important information about how the judgment should be applied.
Care homes and hospitals are requested to carefully review the guidance which can be found here: UK Supreme Court judgment on deprivation of liberty
The full judgment is 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
For more information on how to complete these forms please refer to the ADASS guidance (PDF)