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Issue 288
Supreme Court Backs Consent Rights For Severely Disabled In Care Arrangements
A major Supreme Court judgment has overturned key elements of the legal framework established by the landmark Cheshire West case in 2014, prompting major implications for the care and support of people who lack mental capacity. The original Cheshire West ruling introduced a widely applied "acid test" to determine whether an individual was being deprived of their liberty.
This ruling lowered the threshold for what constitutes a deprivation of liberty under Article 5 of the European Convention on Human Rights (ECHR), and led to a huge increase in the number of Deprivation of Liberty Safeguards (DoLS) cases, prompting backlogs and long waits for authorisations.
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