Daughter: “I don’t feel I can make a fully informed decision … I’ve got so much to consider. What I’d respectfully ask the court to do is to give me the authority to access information about my mum from adult social care, safeguarding, the GP practice, the hospital, the care home and the home care agents prior to her admission [to hospital]. […] If I can get that information, I can make a decision.”
Tag Archives: Court of Protection
P’s objections to early evening curfew are “compelling” evidence of deprivation of liberty after AGNI
judicial decisions about whether or not P is deprived of liberty are turning out to be problematic for a court that is said to aspire to transparency with regard to the way in which judges are arriving at their decisions. This case provided more information than most, but still left me with questions and concerns.
After AGNI, are local authorities attempting to conclude proceedings inappropriately?
“One of the impacts of the AGNI decision is that it has led to Local Authorities attempting to conclude proceedings in inappropriate circumstances.” (Counsel for P via the Official solicitor)
No public admittance to a ‘public’ post-AGNI hearing before HHJ Burrows
By Claire Martin, 27th September 2026 Editorial note: Shortly after this blog was published, the Mental Capacity Law and Policy blog has said, in reviewing his latest judgment, that “HHJ Burrows is undoubtedly taking the lead as regards the development of a body of judicial consideration of the world after AGNI” (MCLP blog 10th October 2026)Continue reading “No public admittance to a ‘public’ post-AGNI hearing before HHJ Burrows”
“Wrapped in Cotton Wool”: Protection, Restriction and P’s Best Interests
Following years of serious illness, B’s parents had created what the judge described as a “cocoon of happiness” around their daughter. The difficult question before the court was whether preserving that cocoon truly served B’s best interests or whether accepting the risks of elective surgery could offer her the opportunity for a fuller and less restricted life.
“Complete failure” of Fit to Discharge proceedings before Lieven J: Carers suspended, allegations of abuse, and no immediate prospect of discharge
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.
Reducing restrictions for a person deprived of his liberty: internet use, access to services and ensuring appropriate support
Senior Judge Hilder (and the OS) seemed very familiar with how difficult it can be to ensure that organisations follow through on their responsibility and how easily a timetable can slip.
When compliance is not consent: Applying AGNI when P is sedated and objecting
This hearing the opportunity to see how the Court is approaching the Supreme Court’s new, multifactorial test for deprivation of liberty following A Reference by the Attorney General for Northern Ireland (AGNI).
A remarkable turnaround: Updating the “vile judgment” case
By October 2025, the local authority had concluded that 24-hour live-in care was no longer necessary and sought court approval to replace it with four daily care visits supported by assistive technology. The court agreed, bringing an end to all restrictions on contact between Caroline and her mother.
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?
