Social Work Scotland and SASW joint statement on Cheshire West Supreme Court decision
19 August 2026
The recent UK Supreme Court judgement overturning the longstanding Cheshire West ruling has been the source of much discussion in recent months, with local authorities reviewing decision-making processes to ensure these are consistent with legislation. While the ruling does not directly change the legislative landscape in Scotland, it was anticipated that it might lead to changes in practice. Particularly in the use of section 13Za of the Social Work (Scotland) Act 1968 in decisions relating to capacity and care.
It was also initially expected that SOLAR (the local authority solicitors) would agree a position regarding this. However, as the legislative position remains unchanged and there are a variety of practices across local authorities, there has not yet been an agreed legal position, and it increasingly looks like there may not be one. Lacking any clear reason to change practice, we know many local authorities are taking a “business as usual” stance, while addressing any anomalies as and when they arise.
This means it is now anticipated that we will not know if there is any significant impact from the Supreme Court judgement in the immediate future. We will monitor and review any issues that become apparent over the months ahead to give time for the practice implications to be better understood. We will work with partners if it becomes apparent there is a need for national changes or guidance.
