A manually transcribed transcript of this podcast is available here. 

Welcome to Learn on the go, the podcast from Community Care Inform, where we discuss the issues affecting social workers and social care practitioners.

This is a special, one-off edition of Learn on the go, discussing the seismic Supreme Court ruling on 2 June 2026 which overruled its own decision in P v Cheshire West and Chester Council & Anor [2014] UKSC 19 (Cheshire West) on the meaning of deprivation of liberty. In doing so, the Supreme Court held that:

• There is no “acid test” when it comes to determining whether a person is deprived of their liberty, and instead a multifactorial assessment must be undertaken, and
• A person who lacks capacity within the meaning of the Mental Capacity Act 2005 can still give valid consent to their confinement for the purposes of the subjective element of the Article 5 test.

Discussing this issue is Alex Ruck Keene, an experienced barrister, writer and educator. His practice at 39 Essex Chambers is focused on mental capacity, mental health and healthcare law, in which he has appeared in cases at all levels up to and including The Supreme Court and the European Court of Human Rights. And indeed, Alex was one of the barristers on the Attorney General for Northern Ireland's legal team in this Supreme Court case.

Questions were asked by Natalie Valios, senior content editor, Community Care Inform Adults.

0:01:30 - How the case came about

0:04:08 – Why judges have been uneasy about the acid test

0:08:03 – The parties involved and their arguments to the court

0:14:24 – Who did the Supreme Court rule in favour of?

0:15:38 – Clarifying the correct approach to identifying a deprivation of liberty

0:21:08 – The meaning of multifactorial

0:23:22 – Reassuring anyone worried about removal of safeguards for disabled people

0:26:24 – Can the case be challenged?

0:29:42 – Is a statutory definition needed?

0:32:14 – What happens next?

0:37:01 – What does this mean for Liberty Protection Safeguards?

References

• The Supreme Court judgment
• Supreme Court summary
• Mental Capacity Law and Policy: Attorney General for Northern Ireland resources