Supreme Court ruling is “a major blow to the rights of disabled people”

Written by Harriet Edwards on 4 June 2026

Liberty is a fundamental human right. This week, the UK Supreme Court issued a landmark judgment that could significantly change how the law protects disabled people who rely on care and support.

The decision raises important questions about how we balance safety, support and freedom and what safeguards should be in place when people are unable to make some decisions for themselves.

Harriet from our Influencing team looks at what the ruling could mean for the 1.6 million disabled people with complex needs we work alongside, and why their rights and voices must not be overlooked.

What has happened?

Everyone in the UK has a human right to freedom.

However, some disabled people may need support to stay safe, which can sometimes involve restrictions on what they can do or where they can go.

The law has developed over time to make sure that there are protections in place when a person’s freedom is restricted.

In 2014, a court case known as Cheshire West introduced a clear test to decide when someone is being deprived of their liberty. A person was considered deprived of their liberty if:

1. They do not have the mental capacity to agree to their care arrangements.
2. They are under continuous supervision and control.
3. They are not free to leave.

If all three conditions applied, important legal protections had to be put in place.

Around 90% of the people we support at Sense have these protections in place.

These protections included independent reviews of the person’s care arrangements, opportunities to challenge decisions, and access to legal support.

The UK Supreme Court has now changed this approach and introduced a new legal test for deciding when someone is deprived of their liberty.

Why is this concerning?

We are still working through the full implications of the judgment.

However, Mencap, Mind and the National Autistic Society have worked closely on this case and have raised the concerns that the decision threatens to:

1. Reduce important human rights protections for disabled people.
2. Mean fewer care arrangements are independently reviewed.
3. Make it harder for some people to access advocacy or challenge decisions about their care.
4. Increase the risk that restrictive practices, poor care or abuse are not identified.
5. Create uncertainty for people who use services, families, providers, local authorities and the wider health and social care system.

What could change in practice?

It is too early to know exactly how the judgment will be applied. However, legal experts have suggested that:

1. Some people who are currently protected by deprivation of liberty safeguards may no longer qualify for those protections.
2. Fewer care arrangements may need independent scrutiny or review.
3. More importance may be given to whether a person appears happy with or accepts their care arrangements, even if they do not have the capacity to consent.
4. It may become harder to show that someone is being deprived of their liberty than it was under the Cheshire West test.

What’s next?

The full impact of this judgment is still emerging, but one thing is clear: disabled people and their families need certainty.

A decision with such significant consequences for disabled people’s rights should have been subject to public consultation and parliamentary scrutiny, not determined through a single court ruling. Instead, there is now a real risk of confusion and inconsistency across the UK.

That’s why Sense will be working alongside the National Autistic Society, Mencap and Mind to press the Government for urgent action. Legal safeguards must remain strong, and no disabled person with complex needs should lose protections or fall through the cracks.

Liberty, choice and dignity are fundamental rights. We’ll continue to fight to protect them.

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