The judge struggles to see how things could be worse. Allegations of abuse have been made against the carers, a safeguarding investigation is underway, the care agency has suspended six staff, and the LA has terminated the contract. Oh, and the hospital where P’s been for 14 months now has a ‘superbug’ infection and P’s tested positive.
Tag Archives: AGNI
Unlawful deprivation of liberty and the retrospective effect of AGNI: When the capacity requirement is not met
Following AGNI, has P (who has capacity to make decisions about care and residence) been deprived of her liberty for the purposes of making a human rights claim?
What happens to restricted patients after AGNI? SJ Hilder considers the consequences
At first sight, this appeared to be a straightforward example of the post-AGNI legal framework in practice. The applicant local authority invited the court to discharge the COPDOL order. But there was a complication. The P in this case is a “restricted patient”, living in the community under “conditional discharge”.
Polly and AGNI: A family reflection on deprivation of liberty
Polly has lived her life in the context of both the ‘ordinary usage’ of ‘liberty’ with its powerful social and political symbolism, and also the more peculiar legal definitions created by judicial interpretation of mental capacity legislation.
From Cheshire West to AGNI: Rebalancing Protection, Autonomy and Human Rights
One positive consequence of the AGNI judgment may be that it encourages professionals to refocus on their own responsibilities under the Mental Capacity Act. By reducing the number of cases that require formal deprivation of liberty authorisation, there is an opportunity for practitioners to develop greater confidence in undertaking capacity assessments, making best interests decisions and applying the Act in day-to-day practice.
Considering ‘deprivation of liberty’ in a family home setting after AGNI
HHJ Burrows determined that there is no deprivation of liberty for a young woman living under constant supervision and control in an annex to the family home. It was clear from his comments in court that he did so with considerable reluctance, referring to “deeply philosophically difficult” arguments.
AGNI: A common-sense judgment or agony?
For people who consider their loved ones well cared for, safe, and happy, the pre‑AGNI deprivation of liberty (DoL) processes were nonsensical and often intrusive. For that reason, the current judgment brings a sense of relief to many. But for other individuals, whose daily lives are dictated and constrained by institutional or quasi‑institutional regimes, with simple choices removed from their decisional space, and an array of human‑rights abuses hidden behind closed cultures, this judgment may have a more detrimental impact.
Overturning Cheshire West and my Grandma’s experience of ‘the death house’ care home
Born in 1930, my Grandma was funny, cheeky, loving and firmly opinionated. She had been diagnosed with end-stage heart failure and vascular dementia, with fluctuating capacity and had been living happily in a small nursing home…
The Supreme Court’s judgment is an opportunity returning us to common sense
by Lorraine Currie, 11th June 2026 The image accompanying this blog has been provided by Lorraine’s daughter: the Magic Artist, Grace. To see her artwork (and for details about how to purchase it), you can visit her website: https://gracecurrie.art Editorial Note: this is the first of a series of ‘commentary’ blog posts we plan to publishContinue reading “The Supreme Court’s judgment is an opportunity returning us to common sense”
Promoting Open Justice in the Court of Protection 