Deprivation of Liberty in the CoP post-AGNI

On 2 June 2026, the UK Supreme Court handed down judgment in the case now often referred to as AGNI (formally known by the distinctly un-catchy title “A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 UKSC/0042). In that judgment, the Supreme Court overturned Cheshire West, thereby upending over a decade practice in this area. We have published multiple blogs about the hearing and judgment here: Commentary on the UK Supreme Court case about deprivation of liberty

This page brings together blogs about hearings in which the judgment has been considered. They are posted in reverse chronological order, and are intended to be illustrative of how judges, legal teams, and practitioners are thinking about the implications of the judgment. Note that this is not legal advice.

9th August 2026 Unlawful deprivation of liberty and the retrospective effect of AGNI: When the capacity requirement is not met by Celia Kitzinger

2nd August 2026 What happens to restricted patients after AGNI? SJ Hilder considers the consequences by Gill Loomes-Quinn

31st July 2026 The irony and the AGNI: After years of traumatic DOLS experiences, P now no longer meets the criteria by Sandra and Joe Preston

17th July 2026 Objections (and breached conditions) after AGNI by Celia Kitzinger 

5th July 2026 Considering ‘deprivation of liberty’ in a family home setting after AGNI by Celia Kitzinger

1st July 2026 Judge authorises medical treatment and DOLS in hospital by Celia Kitzinger