Liberate social policy from the influence of human rights, says Jon Holbrook
Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court (Cheshire West [2014] UKSC 19, [2014] All ER (D) 185 (Mar)). The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.
Until recently the living arrangements of those without capacity, such as those with advanced dementia or severe autism, in care homes and hospitals were, broadly speaking, a matter for relatives, carers and doctors. From now on thousands of incapacitated adults being adequately cared for in care homes and hospitals will be subject to routine scrutiny by local authorities and even more care arrangements will be contested in the Court of Protection.
