The acid test overturned: Deprivation of liberty after Cheshire West
A landmark Supreme Court ruling has fundamentally reshaped deprivation of liberty law in health and social care. Join Browne Jacobson’s expert team as we unpack the immediate consequences of the judgment for your organisation and the people in your care.
On 2 June 2026, the Supreme Court handed down one of the most significant decisions in deprivation of liberty law for over a decade.
In 'A Reference' by the Attorney General for Northern Ireland [2026] UKSC 16, the Court overruled Cheshire West, declaring the acid test for deprivation of liberty wrong in principle and replacing it with a multifactorial assessment.
What we will cover
Rebecca Fitzpatrick and Ed Pollard, Partners at Browne Jacobson, together with Emma Sutton KC from Serjeants’ Inn Chambers, who appeared in the case on behalf of the Official Solicitor, will explore what the judgment means in practice and what your organisation needs to do now.
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