This week, the Supreme Court ruled that the 2014 Cheshire West legal framework should be removed, taking away key human rights safeguards for many people with learning disabilities and autistic people.
Bild is disappointed with the ruling and its implications for people with learning disabilities and autistic people who do not have the capacity to consent to their care.
Under the Cheshire West framework, someone was considered deprived of their liberty if they lacked the mental capacity to consent to their care and were not free to leave and under continual supervision. It gave protections in the form of crucial independent safeguards, to consider if arrangements were appropriate and necessary and to protect their fundamental human rights.
This week’s ruling takes away these important safeguards, meaning people who lack mental capacity could now be judged to have consented to their care if they do not raise specific concerns or objections.
Ben Higgins, Bild CEO said:
“We are deeply concerned by the Supreme Court’s decision.
Removing the right to the crucial independent safeguards given by the Cheshire West framework is damaging and will make it increasingly more difficult for people, and their families, to challenge their care, environment and any restrictive practices they are subject to.
It is vital that the fundamental human rights and freedoms of people with learning disabilities, autistic people and people experiencing mental health crisis who lack capacity to consent to decisions about their care are respected and protected.
We await urgent and clear guidance from the UK Government on how the ruling will apply across the UK.”