AQW 2995/17-22 Written question to the Minister of Health
To ask the Minister of Health, in light of the UK Supreme Court judgement on the Deprivation of Liberty Safeguards, whether he has any plans to update these safeguards; and to outline any planned timescale.
Asked by Paula Bradshaw MLA on 2 March 2020
- Answered
- Written
- Tabled
- 2 March 2020
- Answer due by
- 18 March 2020
- Answered
- 18 March 202016 days after tabling
- Department
- Department of Health
- Priority question
- No
Answer
The 2014 UK Supreme Court judgement in relation to deprivation of liberty (commonly referred to as the ‘Cheshire West’ case) provided an acid test for deprivation of liberty as being a person who lacks capacity, is under continuous control and supervision and is not free to leave. The Supreme Court also noted that all deprivations of liberty must be authorised.
In March 2019, my Department, along with the Department of Justice, took the decision to commence the Mental Capacity Act (Northern Ireland) 2016 in phases, most notably to introduce a new statutory process for deprivation of liberty in the first phase. This came into operation on 2 December 2019.
The new statutory Deprivation of Liberty Safeguards meet the standards required following the Supreme Court judgement on Cheshire West.