The Department of Health has updated its guidance as a result of the Supreme Court judgment - P v Cheshire West and Chester Council and another and P and Q v Surrey County Council
This judgment clarified an “acid test” for what constitutes a “deprivation of liberty”.
The acid test states that an individual is deprived of their liberty for the purposes of Article 5 of the European Convention on Human Rights if they:
- Lack the capacity to consent to their care/treatment arrangements
- Are under continuous supervision and control
- Are not free to leave
All three elements must be present for the acid test to be met.
Following the Supreme Court judgment, DoLS applications have risen approximately ten-fold.