Llais writes to Welsh Government after Supreme Court ruling on deprivation of liberty safeguards

We have written to Mabon ap Gwynfor, Cabinet Secretary for Health and Care, after a recent UK Supreme Court ruling on deprivation of liberty safeguards.  

The ruling takes effect straight away and could affect people across Wales who rely on these safeguards to protect their rights. It means that how the law is interpreted and applied when deciding whether someone is being deprived of their liberty under the Mental Capacity Act has changed.  

In our letter, we shared concerns about what could happen if there is no clear guidance. Some people could lose important protections, such as independent review, advocacy, and the chance to challenge decisions.  

We are also worried that approaches may differ across Wales, which could lead to unfair differences depending on where people live.  

We are asking Welsh Government for urgent clarity on how the changes will work in practice, including:  

• clear national guidance for NHS bodies, local authorities and care providers  

• consistent approaches across Wales  

• clear, easy-to-understand information for people, families and carers  

• making sure people can still access support and speak up for themselves  

 We have said that while the ruling may change how cases are defined, it must not weaken people’s rights.  

We will continue to share what people tell us and work to make sure rights are protected, voices are heard, and people are involved in decisions about their care.