Deprivation of Liberty Safeguards

Developments since judgement of the Supreme Court 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

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 (" AGNI"), the Supreme Court clarified the meaning of the term "deprivation of liberty" under Article 5(1) ECHR in the context of adults who do not have the mental capacity to make decisions about their residence and care arrangements under UK domestic law, who are living in a variety of community care settings, which potentially amount to confinement.