Loss of safeguards for disabled people and their families

This ruling dismantles the Cheshire West legal framework, which was introduced in 2014 and established the law on deprivation of liberty. Under this ruling, anyone lacking the mental capacity to consent to their care and living arrangements, and who is living under continuous supervision and control, is legally ‘deprived of their liberty’.

From this, legal safeguards (DoLS) were put into place, requiring an independent assessor to regularly inspect all supported living arrangements to ensure they were safe, justified and in the person’s best interests.

The Supreme Court of the United Kingdom is the highest court of appeal in the UK, and hears cases of the greatest public or constitutional important, that affect the whole population.

This new ruling will bring an end to vital independent checks, as well as advocacy and automatic access to legal aid for many people under supervision in care homes, supported living or units, which are important protections against abuse and neglect.

In a joint statement, Mencap, Mind and the National Autistic Society have 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.”

Read their full statement here.

At Family Fund, we’re concerned about the loss of these safeguards and what it will mean for disabled people and their families. 

Helen Gravestock, Director of External Affairs at Family Fund says:

‘We support our colleagues at Mencap, Mind and the National Autistic Society in calling for the UK Government to urgently issue interim guidance to Local authorities and health and care providers and to strengthen protections for those most at risk’.