*NEW* DoLS: The New Era (Unlearning Cheshire West) - 6 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 Steven Richards

Steven is a Director of Edge and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate Steven represented directly before the Court of Protection. Steven was a Mental Health Act Reviewer with the Care Quality Commission for over 10 years and also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS. 

He delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals. Steven has experience of training a wide variety of services including local authorities, ICBs, NHS Trusts, the police, hospices and prison health services. He has spoken at a series of Health Education England conferences on the MCA at the end of life and delivered training on the draft Liberty Protection Safeguards bill to members of the House of Lords.

Steven is co-author of three books:

• Working with the Mental Capacity Act 2005 – 4th edition (ISBN: 978-0-9552349-5-8) 

• Working with the Mental Health Act – 4th edition (ISBN: 978-0-9552349-4-1) 

• Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition (ISBN: 978-0-9931324-0-7) 

He also co-authors several wall charts on the Acts and an App on the Mental Capacity Act (see below).

Wall Charts all available from www.amazon.co.uk or www.bookswise.org.uk

• Deprivation of Liberty Safeguards (co-author)

• Mental Health Act 1983 (co-author)

• Mental Capacity Act 2005 (co-author)

• Consent and the Mental Capacity Act (co-author)

Apps

The Mental Capacity Act (App) available from the App Store or Google Play

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.