Reinstate The Cheshire West Acid Test for Deprivation of Liberty

Background

We call on the Government to reinstate the Cheshire West "acid test" for determining whether a person is deprived of their liberty. The acid test provides a clear legal safeguard for people who lack capacity and are under continuous supervision and control and are not free to leave.

Additional details

The Supreme Court has overturned the Cheshire West acid test. We believe this risks reducing legal safeguards for people who lack mental capacity. The acid test provided a clear and consistent standard for identifying when restrictions on a person's freedom require independent scrutiny and legal authorisation. The Government should restore these protections in legislation.