Deprivation of liberty for the public sector

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STOP PRESS: In 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, the Supreme Court overruled its previous majority decision in P v Cheshire West and Chester Council; Surrey County Council v P [2014] UKSC 19. In its unanimous judgment, the Supreme Court rejected the 'acid test' for determining the objective element of whether a person is deprived of their liberty, holding that the assessment under Article 5 of the European Convention on Human Rights requires a broader analysis, taking into account the whole range of factors in the particular case. This landmark decision has significant implications for local authorities and deprivation of liberty practice in the UK. We are reviewing this content accordingly. In the meantime, for more information, see: Supreme Court departs from Cheshire West ‘acid test’ for deprivation of liberty (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).

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