Controversial judgment overrules earlier Supreme Court decision in Cheshire West case

A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16

In a long-awaited judgment, which centred on the interpretation of article 5 of the European Convention on Human Rights, the Supreme Court has taken the unusual step of overruling its own previous decision in the "Cheshire West" case, (Cheshire West and Chester Council v P [2014] UKSC 19). The ruling in that case had dictated the way in which potential or actual deprivations of liberty (DoLS) had been handled in England, Wales and Northern Ireland for some years.