Written question WQ99020
- Asked by
- Jane DoddsLib Dem
- To be answered by
- Cabinet Minister for Health and Care
- Tabled
- Due
- Answered
- Time to answer
- 11 days
Question
What assessment has the Welsh Government made of the implications of the recent UK Supreme Court judgment overturning elements of the Cheshire West deprivation of liberty ruling for people with learning disabilities, autistic people and people experiencing mental health problems in Wales?
Answer
Answered by Deputy Minister for Social Care, Mental Health and Women’s Health (Delyth Jewell)
The law on mental capacity is not devolved in Wales, and the changes to the definition of a deprivation of liberty apply with immediate effect and across the UK.
We are considering the impact that the judgment by the Supreme Court will have on the application of the Mental Capacity Act 2005 and deprivation of liberty in Wales. We will continue to work with the UK Government to fully understand the potentially significant implications of the judgment and to ensure consistency in the message to local health boards and local authorities in Wales.
These changes are likely to reduce significantly the number of cases that will legally amount to a deprivation of liberty. We recognise that a cautious approach will be needed whilst the law is clarified in this area.