NAPPI response – Supreme Court Judgment
Supreme Court Judgment on Deprivation of Liberty: What Might It Mean for Health and Social Care Providers?
A Significant Development in Deprivation of Liberty Law
On 2 June 2026, the UK Supreme Court issued an important judgment concerning the assessment of deprivation of liberty.
Whilst detailed guidance is still emerging, the decision has generated considerable discussion across health, social care, education, and support services. Many organisations are now considering how the judgment may influence practice, recording, incident review, and service delivery.
At NAPPI uk, we believe it is important to approach the judgment carefully. The legal implications will continue to develop as further analysis and guidance become available.
What Has Changed?
For many years, decisions regarding deprivation of liberty have been strongly influenced by the Cheshire West “Acid Test”, which focused on whether a person was subject to continuous supervision and control and was not free to leave.
The Supreme Court appears to have signalled the need for a broader assessment that takes account of the individual’s wishes, feelings, lived experience, and the wider circumstances of their support arrangements.
Whilst legal interpretation will continue to evolve, many commentators expect these factors to play an increasingly important role in future assessments.
What Has Not Changed?
The judgment does not alter the principles that underpin Positive Behaviour Support or the NAPPI approach.
Services should continue to:
- Use restrictive interventions only when necessary
- Ensure interventions remain proportionate
- Seek the least restrictive alternatives
- Promote autonomy and participation
- Focus on quality of life outcomes
- Reduce reliance on restrictive practices wherever possible
These principles remain central regardless of how deprivation of liberty is ultimately defined in individual cases.
Potential Implications for Recording and Review
One of the emerging themes from the judgment is the importance of understanding how support is experienced by the individual.
As a result, services may wish to consider whether recording systems capture:
- What the individual was attempting to communicate
- Their wishes, feelings, and preferences
- Opportunities for choice and control
- How restrictions were explained and understood
- Evidence of cooperation, agreement, resistance, or objection
Alongside incident recording, organisations may also wish to record positive indicators of quality of life including participation, meaningful activity, relationships, independence, and self-determination.
The Importance of Lived Experience
The judgment highlights the importance of looking beyond isolated incidents and considering the individual’s overall experience of support.
Evidence of choice, participation, autonomy, and positive engagement may help provide a more balanced understanding of the person’s life and support arrangements.
For organisations using PBS Cloud, this reinforces the value of recording Green and Amber information alongside Red incidents, ensuring decision-making is informed by a fuller picture of lived experience.
NAPPI uk’s View
NAPPI uk’s preliminary interpretation is that the judgment reflects themes that have long been central to Positive Behaviour Support and person-centred practice.
Understanding behaviour, reducing restrictive practices, promoting meaningful participation, and listening to the individual’s voice remain fundamental components of effective support.
As guidance continues to emerge, NAPPI uk will provide further resources, briefings, and training materials to support organisations in understanding and responding to these developments.
Further Information
Please note that this article reflects NAPPI uk’s preliminary interpretation of the judgment and is not intended as legal advice. Organisations should continue to follow applicable legislation, local authority guidance, and seek independent legal advice where appropriate.
If you would like to discuss the implications for staff training, restrictive practice reduction, incident review, PBS Cloud recording, or Positive Behaviour Support implementation, please contact the NAPPI uk team.
Please call our team on 01723 353353 or email info@nappiuk.com if you need any further information.