Implications of Cheshire West Judgment on Deprivation of Liberty

Overview of the Cheshire West Judgment

The Cheshire West judgment, delivered on 24th March 2014 by the Supreme Court, has significant implications:

• It broadens the scope of deprivation of liberty beyond care homes and mental health settings.
• Applies a new "acid test" comprising:
• Continuous Supervision and Control: The person must be under constant supervision and control.
• Freedom to Leave: The person must not be free to leave the placement.
• Defines ingredients of deprivation as the area and period of confinement.

Interpreting Continuous Supervision and Control

Key considerations:

• Supervision need not be constant but includes control over contacts, activities, and movement.
• Not being free to leave without supervision or relocate to another setting.

Exclusions from the "Acid Test"

Not relevant to the test:

• The person’s compliance or objection.
• Normality of the placement.
• Purpose or reason for the placement.

Impact on Dementia Patients in Hospitals and Care Homes

Implications for dementia care:

• Many dementia patients may now be deemed to be deprived of their liberty.
• No material difference between hospital and care home settings if acid test criteria are met.

Statistical Insight from Alzheimer’s Society

Estimated impact on care homes:

• Approximately 200,000 dementia clients in care homes in England and Wales.
• Anticipates a majority of these clients will be judged to be deprived of their liberty.

Implications for Care Home Providers

Practical implications:

• Increased need for urgent authorisations and standard authorisation applications.
• Providers must ensure legal compliance and safeguarding measures.