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UK government to intervene in Supreme Court DoL case
A case that will reconsider the Cheshire West judgment
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By Peter Clark (Senior Editor, Autism Info Center) Tuesday 23rd September 2025 |
The UK government and several disability charities, including Mencap, Mind, and the National Autistic Society, are set to intervene in a Supreme Court case that will reconsider the landmark 2014 Cheshire West judgment on what constitutes a deprivation of liberty.
The case originates from Northern Ireland, where the Attorney General has questioned the legality of proposed changes to the region's Deprivation of Liberty Safeguards (DoLS) code.
The proposed change would allow a person who lacks mental capacity to consent to their confinement through the expression of their wishes and feelings, thereby removing the need for a formal DoL authorisation under Article 5 of the European Convention on Human Rights.
While the charities are intervening to defend the existing Cheshire West standard and protect the rights of disabled people, the UK government has intervened due to the UK-wide implications of any ruling.
The case will be heard on 20 October 2025.
Source: Community Care (UK)
https://www.communitycare.co.uk/2025/09/10/
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