Deprivation of Liberty After AGNI - Understanding the New Legal Test

Introduction

A landmark Supreme Court judgment has fundamentally changed the law on deprivation of liberty. Following AGNI on 2 June 2026, the long-standing ‘acid test’ from Cheshire West is no longer the starting point. Is your practice ready for what comes next?

In AGNI, the Supreme Court took the rare step of overturning its own decision in Cheshire West, replacing the ‘acid test’ with a multifactorial assessment. Crucially, the Court also confirmed that a person who lacks capacity within the meaning of the Mental Capacity Act 2005 may nevertheless be capable of giving valid consent to their confinement for Article 5 purposes.

The implications are significant for health and social care professionals. The number of people considered to be deprived of their liberty may reduce substantially, with some individuals currently subject to deprivation of liberty orders or authorisations potentially falling outside the scope of Article 5. The judgment also changes the practical approach to mental capacity assessments, which must now consider whether valid consent can be given to confinement.

This short webinar provides a clear, practical guide to what AGNI decided and what it means for day-to-day practice. It will be particularly valuable for private client practitioners, local authority and NHS lawyers, as well as other professionals advising older and disabled people or supporting family carers.

What You Will Learn

The webinar will cover the following:

• The new legal test for deprivation of liberty following the Supreme Court’s decision in AGNI
• Applying the multi-factorial approach in practice: key factors to consider
• When a person lacking capacity may still be able to give valid consent to their confinement