⚖️ The Cheshire West Judgment and the Acid Test
On 24th March 2014, the UK Supreme Court issued a landmark ruling in the Cheshire West case, which significantly broadened the legal definition of a deprivation of liberty under the Mental Capacity Act 2005.
This ruling impacts all care providers in England and Wales—especially care homes, hospitals, and other health and social care environments.
🔍 What Did the Ruling Establish?
The judgment clarified that a person who lacks capacity to make decisions about their care can only be lawfully deprived of their liberty if authorised by:
- The Court of Protection, or
- The Deprivation of Liberty Safeguards (DoLS) process.
🧪 The “Acid Test”
The ruling introduced a simplified legal standard—known as the acid test—which consists of two questions:
- Is the person under continuous supervision and control?
- Is the person free to leave?
If the answer to both is “yes”, then it is considered a deprivation of liberty—regardless of how “normal” or caring the setting appears.
✅ Key Clarifications from Lady Hale’s Judgment
- It does not matter whether the person is content or compliant.
- The environment’s “normality” is irrelevant.
- The purpose or reason behind care arrangements does not change the legal status of deprivation.
📌 Indicators of Deprivation of Liberty
- Restrictions on who the person can see or contact
- Limits on activities or movement
- Need for permission or supervision to leave the premises
- Not being allowed to move to another location permanently
🏥 Widespread Impact
With an estimated 200,000 people living with dementia in care homes across England and Wales (Alzheimer’s Society), a significant number are likely to meet the acid test conditions. This means many care providers must now ensure proper DoLS authorisations are in place.
⚠️ Provider Responsibility
If a person lacks capacity and is not free to leave or is under constant supervision, a DoLS application must be made to comply with the law and safeguard their rights.