Mental capacity

Government issues interim guidance on Supreme Court judgment on deprivations of liberty

Following publication of the Supreme Court judgment in 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, the Department of Health and Social Care (DHSC) has issued interim guidance on the most important points made in the recent judgment on what amounts to a deprivation of liberty, focusing on the key implications for health and social care staff, local authorities and others.