This article sets out our position following the Supreme Court's judgment of 2 June 2026 in A Reference by the Attorney General for Northern Ireland ([2026] UKSC 16), which overturned the Cheshire West acid test with immediate legal effect and introduced a new multifactorial framework for determining deprivation of liberty.
Background
Since the judgment, the following guidance has been published at national level:
DoLS Code of Practice (2008, republished 2 June 2026) — a partial reference point only; DHSC has noted it does not fully reflect the 2026 judgment.
DHSC interim guidance (15 June 2026) — sets out the new multifactorial assessment framework and organisational expectations.
CQC statement (8 June 2026) — confirms a proportionate approach to assessments during the transition period.
ADASS update note (18 June 2026) — draws out key messages for councils from the DHSC guidance and confirms that work is under way on standard national resources, including forms.
ADASS updated DoLS prioritisation tool (July 2026) — replaces the previous red/amber/green model with a two-category framework aligned to the AGNI multifactorial test.
⚠️Important: No revised statutory DoLS forms have been published at national level. DHSC has confirmed that further interim guidance, including practical case studies, is forthcoming.
Form 3A update
The ADASS DoLS priority tool guidance references Form 3A as a form available for those who wish to use it to record the outcome of proportionate assessments in accordance with the mandatory data return.
We have reviewed and updated Form 3A within our Customer Led Configuration (CLC) to align with the revised content. You can view the updated version through the CLC instance for all customers to access and use. This update is intended to support customers who wish to use this form during the interim period while national standard forms are awaited.
We will continue to monitor developments and will make further updates to our CLC forms and workflows as and when national standard forms and the remaining DHSC interim guidance are published.
Our ongoing position
We recognise that the DHSC guidance explicitly states that organisations need time to adjust to the new legal position, and that the CQC has confirmed it will take a proportionate approach to assessments during this transition period.
📌Note: We would encourage customers to ensure that their practitioners are familiar with the DHSC guidance published on 15 June 2026, available at: gov.uk — Changes to the definition of deprivation of liberty
We will communicate proactively with all affected customers as the guidance position develops. If you have any questions in the meantime, please do not hesitate to contact us.