*NEW* DoLS: The New Era (Unlearning Cheshire West) - 13 July 2026

Aims

This full day course provides participants with a detailed analysis of the 2026 Supreme Court judgment, 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. 

The judgment published on 2nd June 2026, overturns the Cheshire West 'acid test' and creates a new approach and threshold for when restrictions become a deprivation of liberty which will mean a significant reduction in DoLS cases. The case also changes meaning of consent in the context of deprivation of liberty. The course will help participants navigate this lengthy and complex judgment, assisting them to apply it in their own settings. A number of practical case studies will assist delegates to work through real scenarios in the new era of DoLS.

Learning outcomes: By the end of the day, participants will be:

• Improved understanding of the new UKSC 2026 judgment

• Improved understanding of the new 'valid consent' rule

• Better able to identify situations that are no longer a deprivation of liberty

• Able to consider how the new approach might affect their practice and any planning required in the workplace

Programme

The course will include the following key topics:

• Consent > MCA > Restraint > Deprivation of liberty

• Overview of the new 2026 Supreme Court case and background 

• What did the Supreme Court Decide? 

• What has happened to the Cheshire West ‘acid test’? 

• New Rules - what is a deprivation of liberty in 2026? 

• New Rules- what is valid consent (understanding the autonomous concept)? 

• New Rules- exceptions (no DoLS)

• Acceptance – happiness – objecting

• The role of coercion

• Chemical restraint

• Limits to valid 'consent' 

• People who are unconscious, catatonic, ‘profoundly disabled’

• Borderline deprivation of liberty cases

• Care homes – what does this mean in practice

• Hospital cases – what does this mean in practice

• Supervisory bodies – impact and actions

• What does this mean for mental health wards?

• Recording the restrictions

• Community deprivation of liberty - applications

• If not DoLS then restraint – overview of restraint under the MCA

• Further guidance

• What does this mean for the Liberty Protection Safeguards?

• Case Studies- applying the law

  
  

To commission this course for your organisation please email  admin@edgetraining.org.uk

The course will be delivered by Aasya Mughal

Aasya is a barrister and director of Edge Training & Consultancy Ltd. She was called to the Bar in 2003 and has provided legal representation for individuals and businesses in civil litigation cases and for patients in appeals against their detention under the Mental Health Act. Aasya also gained considerable experience as an in-patient advocate working with detained patients on a number of mental health wards and also appeared before the Court of Protection in this role.

Aasya has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law and also volunteers her time to deliver training to families on the Mental Capacity Act through Edge.  Most recently, she has been providing guidance to charities and members of the House of Lords on the Liberty Protection Safeguards including the drafting of amendments to the Mental Capacity (Amendment) Bill (now Mental Capacity (Amendment) Act 2019).

She is co-author of a smartphone App, three books and four wall charts on the Mental Health Act, Mental Capacity Act and Deprivation of Liberty Safeguards used by local authorities, hospitals, advocacy groups, universities and lawyers. These books are highly reviewed on Amazon.

BOOKING INFORMATION:

• All Event Bookings must be made online with payment made in full by credit / debit card.  We do not send invoices/use Purchase Order numbers for Event Bookings for NHS delegates.   (This policy does not affect our commissioned bookings)

• Course access details will be emailed direct to delegate(s) upon completion of your booking.  

• Includes all course materials and a certificate. If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.