The Supreme Court’s 2 June 2026 judgment on deprivation of liberty marks a significant change in how Article 5 protections are considered across health and social care.
Operational detail will continue to evolve, but one thing is already clear. Organisations need confident, informed frontline staff who can recognise restrictive practice, question risk and escalate concerns appropriately.
This discussion focuses on why the legal change matters in everyday practice. It is written for commissioners, managers and frontline workers who need to keep people safe while delivering proportionate, person centred care.
Why the changing DoLS landscape matters
Although fewer cases may require formal deprivation of liberty authorisation over time, safeguarding duties have not reduced.
In practice, organisations will still need to demonstrate that people are being supported safely, that restrictions are understood, and that decisions are proportionate, lawful and regularly reviewed.
The central question is no longer only whether a situation meets the previous “acid test”. The assessment is now broader and more practical. Staff need to consider the person’s specific situation, the type and level of restriction, how long restrictions are in place, how they affect the individual, and whether the person appears to understand, accept or object to the arrangements.
This makes everyday observation, professional curiosity and clear escalation more important than ever.
What this means in practice
For organisations across health, social care, housing and community services, key priorities now include:
- maintaining clear oversight of restrictive practices outside formal DoLS processes
- strengthening understanding of capacity, consent, best interests and proportionality
- reducing reliance on restrictive interventions through skilled, person centred support
- ensuring people with learning disabilities, autism, dementia and mental health needs receive consistent and safe support
- recognising when care, treatment, therapy, equipment or adaptations may create unintended restrictions
- preventing escalation, placement breakdown and unnecessary admissions
- ensuring staff know who to speak to when they are concerned
At the heart of this is the frontline workforce.
Staff are not only delivering care, therapy, equipment and adaptations. They are often the first people to notice when something does not feel right. They need the confidence to ask questions, record concerns and take appropriate action.
The role of training: from awareness to action
At DOTS Training and Consultancy, we recognise that this shift requires more than general awareness. It requires practical, applied understanding.
Our Trusted Assessor Level 2, Level 3 and Level 4 DFG Equipment and Adaptations training supports learners to connect legal principles with real day to day practice.
Training supports learners to:
- understand what restrictive practice can look like in real world settings
- recognise how equipment, adaptations and care arrangements can either reduce or increase restriction
- understand how the previous acid test factors sit within a wider assessment
- consider capacity, wishes, feelings, consent and best interests in practical situations
- recognise when restrictions may be disproportionate, poorly understood or unsafe
- identify when further checks, review or escalation may be needed
- understand the importance of clear and defensible documentation
This is especially important where staff are making decisions in people’s homes, supported living environments, care settings or community services, where risk and restriction are often more complex than they first appear.
Deeper learning through risk assessment training
We also recognise that this topic requires deeper exploration.
That is why we dedicate additional time and practical application within our Risk Assessment for Equipment Provision course.
This allows learners to:
- explore complex scenarios involving restriction, consent and risk
- balance safety with least restrictive practice
- understand when equipment provision may introduce new risks
- consider when restriction is being used to manage organisational pressure rather than individual need
- identify when concerns should be referred to safeguarding teams, managers, commissioners or legal processes
- practise recording decisions clearly and defensibly
Good risk assessment is not about avoiding all risk. It is about understanding risk, reducing unnecessary restriction and making proportionate decisions that can be explained and evidenced.
Enabling confident escalation and referral
A key risk in the changing DoLS landscape is that restrictive practices may go unrecognised or unchallenged if staff are unsure what to look for or who to speak to.
Training needs to help staff move from uncertainty to action.
DOTS training places strong emphasis on enabling frontline workers to:
- identify indicators of restrictive practice during routine care, assessment or equipment provision
- recognise when a situation would previously have triggered closer DoLS scrutiny
- understand internal reporting routes and external escalation pathways
- know when to speak to safeguarding leads, managers, commissioners or specialist services
- take timely and proportionate action to protect the individual
This is about building a culture where staff feel able to question, escalate and advocate, rather than relying only on formal processes to prompt review.
Supporting safer systems through skilled practice
As formal safeguards evolve, organisations will increasingly need to show that people remain safe, appropriately supported and subject only to proportionate restrictions, whether or not a formal authorisation is in place.
This makes workforce capability a critical part of safeguarding, quality assurance and service risk management.
Through our training programmes, DOTS Training and Consultancy supports organisations to:
- strengthen frontline decision making and accountability
- embed consistent, legally informed practice across teams
- improve early identification of risk and inappropriate restriction
- support clearer escalation and referral pathways
- promote proactive rather than reactive safeguarding responses
- improve confidence across teams involved in equipment, adaptations and community based support
For commissioners and service leaders, this is not just a training issue. It is a system assurance issue.
Moving forward
The changing DoLS landscape is not about doing less. It is about doing better, earlier and more consistently.
By equipping frontline workers with the knowledge, confidence and practical skills to recognise and respond to restrictive practices, organisations can help ensure that people remain at the centre of care.
Safeguarding should not depend only on process. It should also be strengthened by skilled, informed and confident professionals who understand how to act when something is not right.
Our new website is now live
On a lighter note, our new website is now live, and we are delighted with the result.
The site explains our OT led Trusted Assessor training, Risk Assessment for Equipment Provision course, OT consultancy services and equality and accessibility support.
Please get in touch if you would like to discuss training for your team, request a proposal or find out more about how DOTS can support your organisation.
Contact DOTS Training and Consultancy
FAQs
The judgment changed how deprivation of liberty is assessed. Organisations now need to consider a wider range of factors rather than relying only on the previous acid test. This includes the person’s specific situation, the nature of any restrictions, how restrictions are applied, the effect on the person and their wishes and feelings.
No. Safeguarding responsibilities remain. Organisations still need to ensure that people are safe, that restrictions are proportionate, and that staff know when to raise concerns. In some situations, staff may need even greater confidence because fewer cases may move automatically into formal authorisation processes.
Frontline staff are often the first people to notice restrictive practice, distress, objection, unsafe arrangements or poor decision making. Training helps staff recognise concerns earlier, understand their responsibilities and escalate appropriately.
Restrictive practice may include locked doors, excessive supervision, physical restraint, limited choice, equipment used to prevent movement, restrictions on access to spaces, or care arrangements that reduce a person’s freedom without clear justification. Sometimes restrictions are introduced with good intentions, but they still need to be recognised, reviewed and justified.
DOTS Trusted Assessor Level 2, Level 3 and Level 4 DFG Equipment and Adaptations training all support safer decision making in community practice. The Risk Assessment for Equipment Provision course provides deeper practical learning around restriction, consent, risk, escalation and defensible documentation.
Yes. DOTS can provide training tailored to Local Authorities, NHS teams, housing providers and other organisations involved in community based support, equipment provision, adaptations and safeguarding related decision making.
Please contact DOTS to discuss your training needs or request a proposal.
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