header-logo header-logo

07 August 2026 / Matthew Vernon
Issue: 8173 / Categories: Features , Mental health , Health , Court of Protection
printer mail-detail

Giving a voice to the vulnerable

256690
© Getty images
Matthew Vernon reflects on the importance of taking an individual’s wishes into account when determining deprivation of liberty

The recent Supreme Court case, A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, has attracted differing views. It concerned whether the Minister of Health for Northern Ireland has the power to revise the deprivation of liberty safeguards (DoLS) to allow over-16s lacking mental capacity to validly consent to confinement by expressing their wishes and feelings.

Contrary to widespread speculation, it was never about whether there should be a removal of safeguards that prevent vulnerable people from being abused. Rather, it addressed whether the Northern Ireland Assembly has the authority to revise its DoLS code of practice so patients’ views are considered.

In my view, the judgment is well-founded. It recognises that assessing the necessity for deprivation of a person’s liberty is a nuanced endeavour and should consider the patient’s genuine

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

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll