The UK Supreme Court has changed the way the law on whether a disabled person is being deprived of their liberty if they cannot make the decision themselves.
This means that the rules on Deprivation Liberty Safeguards (DoLS) has changed.
The Court has ruled that the long-standing “acid test” should no longer be used on its own.
The acid test asked two questions:
- Is the person under continuous supervision and control?
- Is the person free to leave?
If the answer to the first question was yes and the second was no, then the person could be deprived of their liberty.
Instead some new things must now be looked at when deciding if someone is deprived of their liberty.
The new tests are more complicated and involve all sorts of people including people with learning disabilities, their families, Councils and Support Providers.
The government has to work out new guidance.
This is an important change but we do not know yet the detail of what this will mean for people living with support, and we will share more information soon as we know it.
We do not want this decision by the court to mean people’s are not upheld or protected.
Learning Disability England will continue to stand with others calling for rights and inclusion and will support all members working to make those in reality.
Find out more
Dr Oliver Lewis (a barrister who specialises in mental capacity, mental health, disability rights and human rights law) explains the decision and what he thinks in this short video.
39 Essex Chambers has written about the legal decision here.
Mind, Mencap and the National Autistic Society said what they think here.
Anthony Collins solicitors have written a briefing on the judgement aimed at support providers here.