The End of the 'Acid Test': A New Era of Uncertainty in Social Care
The UK Supreme Court’s decision to abolish the 'acid test' marks a profound shift in how deprivation of liberty is determined. By replacing a clear, non-subjective standard with a multi-factorial approach based on 'relative normality' and subjective expressions of contentment, this ruling introduces significant ambiguity into the social care sector.
While the ruling takes effect immediately, public bodies have yet to provide updated guidance or a revised Code of Practice. In the absence of clear direction from the Department of Health and Social Care, local authorities and care providers face a period of intense operational uncertainty. Far from reducing administrative pressure, we anticipate that this subjective framework will lead to inconsistent regional practices, a high volume of complex reassessments, and a rise in test cases before the Court of Protection.
Our primary concern rests with the individuals who draw on social care support and their families. Under these new criteria, many people may no longer be legally recognised as deprived of their liberty. As a consequence, they risk losing vital statutory safeguards, including access to independent representatives, formal mechanisms to challenge their care arrangements, and non-means-tested legal aid.
Navigating a highly complex and subjective legal framework at a time when access to formal legal support and advocacy is already restricted places an unfair burden on individuals, families, and providers alike. We urge the government to publish comprehensive, updated guidance as a matter of urgency to ensure that rights remain protected and that the sector has the clarity it desperately needs.
We recognise that our member organisations are on the front line of navigating this sudden regulatory shift and the systemic confusion that follows. To support them through this transition, Access Social Care will be hosting an emergency meeting to bring our membership together, share legal insights, and discuss a coordinated approach to these changes. Details and invitations will be shared with all members shortly.
Access Social Care continues to support individuals and their families to ensure that their Care Act rights are enforced and Care Act principles are followed. This will be more key than ever, for those who may be affected by the latest Supreme Court ruling, to ensure person centred care and support, and to keep the wellbeing of the individual at the heart of decision making.
It also highlights the urgent need to improve responses to safeguarding referrals, given that overnight many thousands of individuals will lose their access to independent advocates attached to deprivation of liberty authorisations.
Read more on this case here: https://www.bbc.co.uk/news/articles/c3e2lq58p87o