Question to the Department of Health and Social Care:

To ask His Majesty's Government, in light of the Supreme Court's reversal of the Cheshire West judgment ([2014] UKSC 19), how they will ensure that patients are not damaged by closed care cultures, including where care is provided in for-profit settings or by for-profit providers.

The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity.

The deprivation of liberty safeguards (DoLS) system will continue to apply in line with changes required by the Supreme Court judgment. This includes the right to a legal advocate where appropriate. DoLS are only one of several protections in place. Additional safeguards include the Mental Capacity Act, local authority safeguarding duties required by the Care Act 2014, and common law duties of care, some of which also include the right to an advocate.

The Care Quality Commission (CQC) undertakes independent oversight of these safeguards, including DoLS, and will continue to do so in light of the Supreme Court judgment. As part of their inspection regime, the CQC checks that care providers, including for-profit settings and providers, have effective systems to help keep adults safe from abuse and neglect.