header-logo header-logo

22 May 2014 / Ian Wise KC
Issue: 7607 / Categories: Opinion
printer mail-detail

A gilded cage is still a cage

web_wise

Ian Wise QC & Martha Spurrier defend the Supreme Court's judgment in Cheshire West

The judgment of the Supreme Court in Cheshire West [2014] UKSC 19, [2014] All ER (D) 185 (Mar) is a resounding vindication of the human rights of disabled people.

The key outcome of the judgment is that the question of whether a disabled person who lacks capacity to consent to a placement by a public body is deprived of their liberty in their particular living arrangements is an objective one, to be answered by reference to whether they are free to leave and how closely their movement and social interaction is controlled. This means that a deprivation of liberty for a non-disabled person, is also a deprivation of liberty for a disabled person. There can be no doubt that this approach will have—and is already having—profound implications. But it is vital that the implications are not used to defeat the principle: the Supreme Court judgment is a victory for disabled people’s rights. Scarce resources or executive

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll