Easy News: Supreme Court to hear arguments about Deprivation of Liberty

1. 

   The Attorney General for Northern Ireland is going to argue to the Supreme Court to change the laws that can change the rights of disabled or mentally ill people.

2. 

   Sometimes carers can stop the person they're helping from leaving freely, even physically restraining them. They can also sometimes watch them all the time. This is a Deprivation of Liberty.

3. 

   People are normally guaranteed rights by the European Convention on Human Rights. This means that normally people can choose where they want to go, or to be alone if they want.

4. 

   A person can lose those rights. If they cannot make decisions for themselves, or have said they will hurt themselves, then the need to keep them safe means they lose those rights.

5. 

   The Deprivation of Liberty Safeguards changed in 2014 when a person sued Cheshire West and Cheshire Council. Because of this, the standard is called Cheshire West.

6. 

   Cheshire West said that a person was Deprived of their Liberty if they couldn't leave, and if they were watched all the time. This meant that many people who had not been thought of as having their liberty deprived, now would be considered.

7. 

   The Attorney General for Northern Ireland is asking the Supreme Court to change Cheshire West. She is the most important lawyer in Northern Ireland, and works for the government.

8. 

   The Northern Irish government says that people who are incapable of saying they want this treatment can still agree to it. He says if they accept the treatment and not try to leave they have agreed to having their liberty deprived.

9. 

   When someone is deprived of their liberty for a long time, sometimes lawyers will check to see if the treatment is still legal.

10. 

    The Irish Minister of Health says that the government is wasting a lot of money on these checks for people who are happy to be treated this way.

11. 

    If Northern Ireland wins this argument, it will change the law over the whole of the UK. Everyone would work to the same standards.

12. 

    Several charities think that these changes would be bad for disabled people. They think their rights will no longer be protected.

13. 

    The charities asked the Supreme Court for permission to argue in the case. Their legal teams will present arguments.

14. 

    The UK Government has also been given permission to argue in this case. The English minister of health wants to argue as well.

15. 

    The Supreme Court will listen to the argument on the 10th October. This may take a long time.

Back to top