Severely disabled people can now consent to care arrangements, Supreme Court rules

Severely disabled people can now consent to care arrangements, Supreme Court rules39 minutes agoShareSaveAdd as preferred on GoogleMarie-Louise ConnollyHealth correspondent, BBC News NIGetty ImagesThe judgement, which was triggered by a case brought by the Attorney General for Northern Ireland, will apply across the UKSeverely disabled people aged 16 and over will now be able to give consent to their care arrangements despite not having the capacity to do so, the Supreme Court has ruled.The judgement, which was triggered by a case brought by the Attorney General for Northern Ireland, will apply across the UK.Northern Ireland Health Minister Mike Nesbitt had sought to change the code of practice on how people are deprived of their liberty if they lack the capacity to consent to care arrangements.Charities including Mencap, Mind and the National Autistic Society have warned that the ruling "strips fundamental human rights protections from potentially hundreds of thousands of severely disabled people".It is thought more than 9,000 people in Northern Ireland will be affected by the ruling, and any potential action by the health minister. It also means other health departments across the UK could change their legal frameworks on care arrangements for those who are severely disabled.Disabled 'have right to liberty'Thousands of disabled people at risk from 'back door' law change, say charitiesMany 'stuck in bed for days without care', Covid inquiry hears What rules were in place before the judgement?The ruling overrules a previous Supreme Court judgement ruling known as Cheshire West.In that case, the court established an 'acid test' that if someone is under continuous supervision and control, is not free to leave and cannot consent to this, they are deprived of their liberty.This usually applies to people with a severe learning disability or dementia, living in locked rehabilitation units or placements such as supported li...