VoiceAbility responds to Supreme Court decision to overturn Cheshire West judgment on deprivation of liberty
The Supreme Court’s decision to overturn the landmark Cheshire West judgment marks a significant change in the legal framework surrounding Deprivation of Liberty Safeguards (DoLS) and the protections available to people who may be subject to restrictive arrangements.
Since 2014, the Cheshire West judgment has provided a clear test for identifying when a person is deprived of their liberty – often in places like care homes and hospitals – and when important legal safeguards should apply.
The decision to overturn that approach raises important questions about how those protections will operate in practice going forward.
Donna Bronson-Barnes, Director of Operations at VoiceAbility, said:
We are deeply concerned about the far-reaching implications of yesterday’s judgment, particularly for people who may already face barriers to having their voice heard and their rights upheld.
“The principles established through Cheshire West have helped ensure that restrictions placed on people’s lives are subject to scrutiny and that individuals have access to legal safeguards when their liberty is limited. Any change to that framework must be carefully considered and clearly understood.
“We know that people with learning disabilities, autistic people, people living with dementia, people experiencing mental ill health, and others who rely on statutory protections may be particularly affected by the practical consequences of this decision.
“It is essential that they continue to have access to independent support, information and opportunities to challenge decisions that affect their lives.
Advocacy plays a crucial role in helping people understand their rights, express their wishes and participate in decisions about their care and support.
“Strong oversight and meaningful safeguards remain fundamental to protecting people’s dignity, autonomy and human rights.
“We are seeking clarity on the implications of this judgment and will continue to work with partners across health, social care and the advocacy sector to ensure that people’s voices are heard when it matters most.”