Mental Capacity and Court of Protection decisions, see: Mental Capacity Law Cases (39 Essex Chambers) and England and Wales Court of Protection Decisions (BAILII)

Mental health law cases, see – Case law – (Mental Health Law Online)

For children’s and adults’ social care practice, see: Case Law and Legal Summaries (Research in Practice)

June 2026:

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

In this case, the Supreme Court determined that:

  • The ‘acid test’ introduced following the ruling in P v Cheshire West and Chester Council [2014] UKSC (‘Cheshire West’) which has been used to identify a deprivation of liberty is wrong and departs from European Court of Human Rights case law;
  • Instead, a multi-factor assessment should be used, looking at the specific situation of the individual concerned, including the type, duration, effects and manner of implementation of the measures in question;
  • Furthermore, a  person without mental capacity to make decisions about their residence and care arrangements can give subjective consent to what would otherwise be a deprivation of liberty, which would take their circumstances out of Article 5 of the European Convention on Human Rights (ECHR) and not, therefore, amount to a deprivation of liberty.
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