The Guardian view on disability rights: the removal of legal safeguards brings risks | Editorial

The UK supreme court has ended a system of safeguards around the human rights of disabled people that had been in place for over a decade, following a legal challenge brought by the attorney general of Northern Ireland [1]. The deprivation of liberty safeguards (Dols), part of the Mental Capacity Act, required annual assessments for anyone under continuous supervision and control who was not free to leave their place of residence [1]. The protections mostly applied to older people with dementia, children, and younger adults with autism, learning disabilities, and brain injuries [1]. Before a 2014 case known as Cheshire West widened eligibility, there were about 20,000 Dols applications per year [1]. By the year to April 2025, the figure for England had reached 364,000 [1]. A streamlined process was legislated in 2019 but never enacted, leaving a large backlog [1]. The supreme court accepted Northern Ireland's argument that the 2014 judgment was wrong [1]. In future, people lacking mental capacity may be viewed as consenting to restrictive care if their wishes are being met [1]. In the original ruling, Brenda Hale wrote that the "extreme vulnerability" of those involved required erring on the side of caution [1]. Disability charities have expressed alarm at the decision, while local authorities have cited frustration over what they see as poor use of scarce resources [1]. The ruling arrives as Baroness Louise Casey conducts a wider review of the social care system [1]. The Department of Health and Social Care supported Northern Ireland's initiative and now faces calls to explain how a new system will operate and what safeguards will replace those that have been removed [1]. The change occurred without parliamentary debate or a case progressing through lower courts [1]. The decision may lead to reduced consideration of how people in care homes feel about their lives, or weaker oversight of closed settings where abuse has occurred in the past [1]. The early 21st century has seen a rise in anti-transgender sentiment in the United Kingdom, with advocacy existing across the political spectrum and leading to rollbacks in rights including access to social services [3]. Broader human rights frameworks, such as those in the United States, have evolved over time through constitutional amendments, legislation, and judicial precedent, though numerous issues persist including discrimination against vulnerable groups [4].