04/06/2026
In an extraordinary decision affecting mentally incapacitated people confined to care homes, the UK Supreme Court has unanimously overturned its own ruling in the pivotal Cheshire West case (P v Cheshire West and Chester Council & Anor, [2014] UKSC 19).
In the original case, the Supreme Court held by a majority that the test for a deprivation of liberty, under article 5(1) of the European Convention on Human Rights, is whether an individual is subject to continuous supervision and control and not free to leave.
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