Supreme Court Considers Deprivations of Liberty

From 20-22 October 2025, the Supreme Court considered The Reference by the Attorney General for Northern Ireland (UKSC/2025/0042). The Reference considered whether people who lacked capacity to make decisions about their care and treatment can give valid consent to what would otherwise be an Article 5 ECHR deprivation of liberty. The Supreme Court was also invited by the Secretary of State for Health and Social Care to set aside the Cheshire West ‘acid test’ altogether.

39 Essex Chambers' barristers Alex Ruck Keene KC (Hon), led by Tony McGleenan KC, acted for the Attorney General for Northern Ireland and Victoria Butler-Cole KC and Arianna Kelly together with Dr Oliver Lewis acted on a pro bono basis for the joint intervenor charities, Mind, Mencap and the National Autistic Society. 

The Supreme Court has reserved judgment.