In a move that has disability advocates reaching for their smelling salts and their legal textbooks, the UK Supreme Court has dismantled a decade-old system of protections for disabled people's human rights. The ruling, prompted by a question from Northern Ireland's attorney general, essentially tells vulnerable individuals: "You're on your own, but we're sure it'll be fine."
The now-defunct safeguards, known as deprivation of liberty safeguards (Dols), were part of the Mental Capacity Act and applied to anyone "under continuous supervision and control" and "not free to leave" their residence. This covered everyone from older people with dementia to younger adults with autism and brain injuries. Think of it as a legal safety net, except the net has now been declared too expensive to maintain.
The system was admittedly overwhelmed - applications exploded from 20,000 per year before the 2014 Cheshire West case to 364,000 in England by April 2025. A streamlined process was legislated for in 2019 but never actually enacted, because who needs functional legislation when you have wishful thinking?
Northern Ireland argued that the 2014 judgment was wrong, and the Supreme Court agreed. Now, people lacking mental capacity may be viewed as consenting to restrictive care if their wishes are being met. Disability charities are, as you might expect, not throwing a party. The original ruling by Brenda Hale emphasized the "extreme vulnerability" of those involved, suggesting caution was advisable. But caution, apparently, is a luxury the system can no longer afford.
Local authorities, meanwhile, are thrilled. They've been complaining about poor use of scarce resources and the indignity of having social workers inspect family homes. Optimists among them hope more selective safeguards will lead to better outcomes, which is a bit like hoping removing seatbelts will make driving more fun.
But here's the kicker: this wasn't a case that worked its way up through the courts or got debated in Parliament. No, it was brought by the Northern Ireland executive, with ministers from Scotland, Wales, and the UK government all involved. This highly significant change is happening at a time when Louise Casey is already reviewing the wider social care system, because apparently one review wasn't enough chaos.
The Department of Health and Social Care, which supported Northern Ireland's initiative, now has to explain to the public why it did what it did, how the new Dols system will work, and what safeguards will replace those that were just tossed in the bin. Good luck with that.