Severely disabled people can now consent to care arrangements, Supreme Court rules
Summary
The UK Supreme Court has ruled that severely disabled people aged 16 and over can consent to their care arrangements even if they lack full mental capacity. This decision, triggered by a case from Northern Ireland, applies across the UK and changes how the law defines deprivation of liberty for disabled individuals.Key Facts
- The ruling affects disabled people in England, Wales, Scotland, and Northern Ireland.
- It overturns the previous "Cheshire West" test, which defined deprivation of liberty based on supervision, control, and inability to leave.
- Now, a person's wishes and feelings about their care must be considered when deciding deprivation of liberty.
- Northern Ireland’s Health Minister can revise the legal code about care arrangements for those lacking capacity.
- Over 9,000 people in Northern Ireland might be affected by changes from this ruling.
- Some charities worry that protections for disabled people’s rights could be weakened.
- The ruling allows a more flexible approach but may create challenges for care providers in assessing consent.
- The law still requires safeguards to ensure care arrangements are lawful and in the person's best interests.
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