Written question asked by Lord Scriven (Liberal Democrat) on Monday, 8 June 2026, in the House of Lords. It was due for an answer on Monday, 22 June 2026. It was answered by Baroness Merron (Labour) on Tuesday, 16 June 2026 on behalf of the Department of Health and Social Care.

Compulsorily Detained Psychiatric Patients

Question: To ask His Majesty's Government, following the Supreme Court's judgment regarding the Cheshire West Framework (UKSC/2025/0042), what steps they plan to take to ensure that families of individuals who no longer qualify for automatic, non-means-tested legal aid under section 21A of the Mental Capacity Act 2005 are not financially penalised or prevented from challenging restrictive care regimes via standard welfare applications.

Answer: The Government is clear that access to justice is fundamental, particularly where proceedings engage an individual’s liberty and other fundamental rights. That is why legal aid is available for the most serious health and welfare matters before the Court of Protection. The Ministry of Justice is considering the Supreme Court’s judgment and will review any further guidance issued from the Department of Health and Social Care to assess the impact on current legal aid provision.

Secondary information

Type: Written question
Reference: HL759
Session: 2026-27
Related items: Compulsorily Detained Psychiatric Patients
Wednesday, 24 June 2026
Written questions
House of Lords
Subjects: Compulsorily detained psychiatric patients Advocacy Legal aid scheme Mental capacity
Legislation: Mental Capacity Act 2005
Link: View this Written question on www.parliament.uk