The decision has sparked outrage among charities, with some claiming it has devalued ‘the rights and dignity of disabled people in this country.’
Disability charities have warned a new Supreme Court ruling could remove important legal protections for some of the UK’s most vulnerable people.
This week judges overturned a key principle established by the landmark Cheshire West case in 2014, which set out when a person who lacks mental capacity is considered deprived of their liberty.
Until now, someone who was under continuous supervision, not free to leave and unable to consent to their care arrangements was considered deprived of their liberty in law. That triggered safeguards including independent assessments to ensure circumstances were appropriate and in the person’s best interest.
The latest ruling came after Northern Ireland’s health minister sought to change guidance so people aged 16 and over who lack capacity could still give valid consent through the expression of their wishes and feelings.
Supreme Court judges agreed, finding the Cheshire West approach was ‘wrong in principle’. They said a lack of mental capacity does not automatically mean a person cannot give valid consent under human rights law.
Instead, courts should consider a range of factors, including the type of care involved, how long it lasts and its impact on the individual.
The decision is set to take effect immediately and is expected to have implications across the UK.
The charities Mencap, Mind and the National Autistic Society said they were ‘alarmed’ by the judgement, describing it as a major step backwards for disabled people’s rights.
In a joint statement, the organisations said: ‘This judgement sets us back decades and removes safeguards that history shows us are vital for disabled people.
‘By removing independent checks, advocacy and automatic access to legal aid, the Court has closed the gateway to justice and support for many who need it most.
‘Stripping away these safeguards makes it easier for abuse and neglect to go unnoticed behind closed doors.’
The charities are calling on the government to issue urgent guidance and introduce new laws to strengthen protections for people at risk.
They added: ‘To the many people that will be affected by this ruling now and in the future, we stand with you and you are not alone. This decision devalues the rights and dignity of disabled people in this country.’
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