Member Article

Supreme Court ruling under the spotlight

Barristers involved in a high-profile Supreme Court ruling on the deprivation of liberty are to speak at a seminar in York, organised by Langleys Solicitors.

The Supreme Court ruled that two sisters with learning disabilities and a man with conditions including cerebral palsy and Down’s syndrome, who are unable to make their own decisions about their care and welfare, are being deprived of their liberty.

The Supreme Court ruled that these three people are “under continuous supervision and control” and are “not free to leave”. Thus they are deprived of their liberty. Safeguards must be in place to ensure such protective care regimes are regularly and independently reviewed.

Jenni Richards QC and barrister Joseph O’Brien will address the York seminar on Friday 28 March, explaining how the judgments impact on everyday practice in the legal, clinical and social care sectors.

“Also speaking at the seminar will be Christian Walsh, a local Best Interests Assessor.

Susan McKendry, head of Langleys’ health and social care unit, said: “This judgment will have an immediate impact on those caring for and working with people who lack mental capacity to decide about their care and welfare due to dementia, learning disability, brain injury or mental health difficulties.

“The judgment provides a clear test for what amounts to a deprivation of liberty. Independent safeguarding reviews will be required. This should lead to the better protection of people who lack capacity to make their own decisions.

“Our seminar in York will facilitate a debate about the implication for everyday practice from a multi-disciplinary perspective.”

The seminar costs £20 to attend and takes place at The Hospitium, Museum Gardens, York, 2.30pm-5.30pm. To book your place, go to http://www.langleys.com/events/seminars-(1).aspx

This was posted in Bdaily's Members' News section by Clare Walker .