Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 8 June (HL759), what immediate, non-judicial safeguards are being introduced to protect the personal autonomy and rights of individuals who have lost independent monitoring as a result of the Supreme Court's judgment regarding the Cheshire West Framework during the period that the Ministry of Justice is reviewing the long-term impact on legal aid provision.

There are a range of other safeguards which protect individuals who are not subject to the Deprivation of Liberty Safeguards (DoLS). These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission (CQC), and common law duties of care.

Any independent monitoring required as part of the care plan of individuals receiving care and support would continue, even if they are not subject to DoLS. As part of their inspection regime, the CQC checks that providers, in a range of care and support settings, have effective systems to help keep adults safe from abuse and neglect, including potential infringements of the personal autonomy and the rights of individuals receiving care and support.

The CQC also has a duty to assess how local authorities are delivering their duties under the Care Act, including those relating to safeguarding. Where the CQC finds failure, it has a duty to inform my Rt Hon. Friend, the Secretary of State for Health and Social Care, who has powers to intervene.

The Department published on the GOV.UK website on 15 June 2026 a response to the judgement which provides initial steers to practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholders to develop follow-up guidance as quickly as possible. A copy of the response is attached.