A major Supreme Court ruling on 2 June has changed how the law decides whether a person is considered to be deprived of their liberty. For the past decade, the Cheshire West “acid test” meant that if someone was under continuous supervision and control, was not free to leave, and could not consent, they were legally recognised as being deprived of their liberty, ensuring independent checks and safeguards were in place.

The Supreme Court has now ruled that this single test no longer applies. Instead, decisions will be made using a broader, multifactorial assessment. Crucially, the judgment says that some people who lack mental capacity may still be viewed as giving “valid consent” to their living arrangements if they appear aware of them and express contentment. This means fewer people are likely to be legally classed as deprived of their liberty, and therefore fewer will automatically receive the independent oversight previously guaranteed.

Aspens CEO, Robert Shanahan, said:

“2^nd June marks a significant moment for many autistic people and people with learning disabilities. The removal of the Cheshire West acid test represents one of the most substantial shifts in disability rights in a generation. The original ruling protected individuals from losing vital legal safeguards simply because they seemed content with their care. Today’s decision risks weakening those protections and could allow restrictive or unsafe practices to go unnoticed behind closed doors.

This ruling comes at a particularly troubling time, coinciding with the 15^th anniversary of the Winterbourne View scandal - a stark reminder of what can happen when oversight fails. Aspens will continue to advocate strongly for the rights, safety and dignity of the people we support.”

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