22 October 2025
The government will consult in the first half of next year on proposed liberty protection safeguards for people lacking mental capacity
These will aim to streamline the current complex and often misunderstood deprivation of liberty safeguards, which arise from the Cheshire West ruling ([2014] UKSC 19). Under the proposed system, assessments will remain valid for longer than one year, reducing bureaucracy.
The consultation will inform a Mental Capacity Act Code of Practice, which will be laid in Parliament.
The Supreme Court was this week considering the Cheshire West test, in The Reference by the Attorney General for Northern Ireland (UKSC/2025/0042).
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