Charities are fighting to defend legal protections for disabled people who need ongoing care.
People who need ongoing care that they cannot consent to, and are not free to leave, would include some with autism and learning disabilities.
Deprivation of Liberty Safeguards
Mencap, the National Autistic Society (NAS) and Mind want to defend laws that say when people need continuous care and are unable to consent, a court must authorise it.
Lawyer Mathieu Culverhouse says Mencap and the NAS fear proposed legal changes in care would breach the human rights of people with autism and learning disabilities
When this happens, local authorities must apply to the Court of Protection for a Deprivation of Liberty Safeguards (DoLS) order to authorise their care.
The government in Northern Ireland wants to change the law. It proposes that even people who lack capacity can consent to ongoing care.
Right to Liberty
The Northern Ireland government has asked the Supreme Court to rule on whether its proposals to amend the DoLS Code of Practice comply with the right to liberty enshrined under Article 5 of the European Court of Human Rights.
Under Article 5, a person of “unsound mind” can only be deprived of their liberty or receive ongoing care through a lawful process, such as a DoLS application.
If the change goes through, it means that Article 5 would not cover people without capacity if they express consent. There would then be no need for a DoLS order.
Consent by expressing wishes and feelings
Mike Nesbitt is Northern Ireland’s health minister. He wants to enable people to consent simply by expressing their wishes and feelings. This would apply even when they lack capacity.
If Northern Ireland’s bid is successful, the legal change will apply across the UK.
Mathieu Culverhouse is a human rights lawyer with Irwin Mitchell, which is representing the NAS and Mencap.
Plans would ‘breach human rights’
Culverhouse said Mencap and the NAS are concerned that the Northern Irish government’s plans would “create confusion”. They also say the plans would “breach the human rights of people with mental health problems, learning disabilities and/or autism”.
A spokesperson for the UK government said it is now also involved in the case because the proceedings could have a UK-wide impact on legal protections.
The case goes before the Supreme Court on 20 October.
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Published: 15 September 2025
