âThe biggest rollback of disability rights in a generationâ â Charities respond to Supreme Court ruling
The uk Supreme Court has just done a major rollback on disability rights and is putting more disabled people in danger
Under this new ruling, multiple vulnerable groups will be impacted across social care and healthcare sectors. If an autistic person with high support needs, someone with a serious mental illness, or a person with a severe learning disability is locked in a care setting and sedated, but does not actively protest, they will no longer be considered "confined" by the state. They will lose their automatic right to independent reviews, a legal advocate, and protection from closed care cultures.
This ruling states if someone is sedated and does not instigate a complaint regarding their circumstances while ACTIVELY SEDATED, then they have no right to legal checks and balances to preserve their wellbeing??? Is this correct??? The UK is falling apart.
As far as I can tell from reading the statement by Mind and the BBC article, this ruling states that people who donât have the legal capacity to understand why theyâre being physically or chemically restrained/ kept in a locked care home or ward etc. are still able to give âconsentâ to that treatment in a way that it doesnât count as a deprivation of liberty.
So if someone is chemically sedated, doesnât understand thatâs whatâs happening, but doesnât complain then they could be seen to be âconsentingâ to that treatment. Thatâs true even if they donât know what the medication is, what the effects are, how long they last or that there might be other options.
Because the presence of âconsentâ means that a restriction wouldnât be considered âDeprivation of Libertyâ it means these people arenât entitled to deprivation of liberty safeguards, which including having independent checks to make sure that any restrictions to their freedom is proportionate and that theyâre not being abused in that setting.
One of the reasons the ruling was made is that it placed an âundue burdenâ on local authorities. Basically local governments were like âhey weâre massively failing our legal duties to protect incredibly vulnerable people from abuse, any chance you could let us off so we donât have to do it?â And the UK Supreme Court agreed with them.
The other hugely chilling âreasoningâ behind this ruling (other than finances) is the idea that disabled people cannot be deprived of their liberty if they canât understand thatâs whatâs happening. Itâs absolutely disgusting.















