The Legal ACID Test (DoLs)

In 2014 an important judgement was handed down in an important legal case decided in the UK Supreme Court. P v Cheshire West & Chester Council; P & Q v Surrey County Council [2014] UKSC 19. The case described and gave the clearest indication of what amounts to a deprivation of liberty.

The judgement described what it termed an acid test which should be applied when determining a deprivation of liberty:

The acid test states that a person is deprived of their liberty if:

1. They are subject to continuous supervision and control and
2. Are not free to leave

When answering both questions staff should consider if they exercise complete and effective control over a person’s care and movements and decisions about their care.

A person does not have to be asking to or attempting to leave to be deemed not free to leave. Care staff should ask what they would do IF the person tried or asked to leave. If the answer is that they would stop the person then the person is NOT FREE to leave within the meaning of the ACID TEST [Ref.P v Cheshire West & Chester Council; P & Q v Surrey County Council [2014] UKSC 19]

This means that is someone lacks mental capacity to consent to reside for example a residential home or hospital ward and they also meet the acid test as described above then a request for a dols authorisation may be required.