The UK government is to intervene in an upcoming Supreme Court case that will reconsider the landmark Cheshire West judgment on deprivation of liberty.
The secretary of state for health and social care (Wes Streeting) has been given permission to intervene, along with charities Mencap, Mind and the National Autistic Society.
The case has been brought by the Attorney General for Northern Ireland, Brenda King, who has asked the court to rule whether proposed changes to the region's Deprivation of Liberty Safeguards code of practice are compatible with Article 5 of the European Convention of Human Rights (ECHR).
Under Article 5, a person of “unsound mind” may be deprived of their liberty but only through a lawful procedure, such as the DoLS in Northern Ireland or their equivalent in England and Wales.
Proposed changes to DoLS scheme in Northern Ireland
The Northern Ireland DoLS code of practice currently follows the 2014 Cheshire West judgment, such that the safeguards are required if the person is under continuous supervision and control and not free to leave, and lacks mental capacity to consent to their confinement.The minister of health, Mike Nesbitt, wants to revise the code so that a person can give valid consent to their confinement through the expression of their wishes and feelings, even if they lack capacity to do so. As a result, they would not be covered by Article 5, so no deprivation of liberty (DoL) authorisation would be required.
Any ruling would be applicable to England and Wales.
Mencap, Mind and the National Autistic Society have intervened to defend Cheshire West, warning that the proposed changes would create confusion and breach the human rights of disabled people.
UK government does not state position on Cheshire West
The UK government has not stated a position on Cheshire West.Explaining its decision to intervene, a spokesperson for the Department of Health and Social Care (DHSC) said: “The Supreme Court’s decision could have a UK-wide impact, and we therefore feel that the UK government should have a voice in the conversation, so have taken the decision to intervene.”
The case will be heard on 20 October 2025.
