AGNI & the End of the ‘Acid Test’ - Rethinking Deprivation of Liberty After the Supreme Court’s Landmark Ruling

Introduction

A landmark Supreme Court decision has transformed the law on deprivation of liberty. Are you prepared for the implications?

On 2 June 2026, in the landmark case of AGNI, the Supreme Court took the rare step of overturning its own decision in Cheshire West, fundamentally reshaping the legal test for deprivation of liberty. The Court confirmed that there is no longer an ‘acid test’; instead, a multifactorial assessment is required. It also held that a person lacking capacity within the meaning of the Mental Capacity Act 2005 may nevertheless be capable of giving valid consent to their confinement for the purposes of Article 5.

This seismic judgment raises significant legal and practical questions across the health and social care sector. The number of individuals considered to be deprived of their liberty is expected to reduce substantially, with many people currently subject to deprivation of liberty orders or authorisations potentially falling outside the scope of Article 5. The decision also has important consequences for mental capacity assessments, which must now address the issue of valid consent.

This new virtual classroom seminar will examine what the judgment in AGNI means in practice and explore its far-reaching implications, including the impact of emerging government and professional guidance. The session will be of particular interest to private client practitioners, local authority and NHS lawyers, and other professionals advising older and disabled people or supporting family carers.

Register today to understand one of the most significant developments in mental capacity law in over a decade.

What You Will Learn

This live and interactive session will cover the following:

• The revised definition of deprivation of liberty following the Supreme Court’s decision in AGNI
• The shift to a multi-factorial assessment - what it means in practice
• How individuals lacking capacity may nevertheless be capable of giving valid consent
• Applying the new legal framework to cases involving older and disabled people
• The implications of the judgment for proceedings in the Court of Protection
• The practical next steps for the health and social care sector and legal advisers

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.