AGNI: Deprivation of Liberty Shift

Step 1 of 4

How to get started

This activity and provided links summarises the immediate impact of AGNI [2026] UKSC 16. It provides an update that says, in summary, that Cheshire West is no longer to be followed and that deprivation of liberty now needs a practical, multifactorial assessment.

Start with your confidence rating, so you can compare it with what the activity surfaces.
Match the four prompts to the multifactorial test.
Test the new valid consent threshold against a short practice scenario.
Finish with one practice change and one question to take back to colleagues.

MCA and MHA interface learning illustration

Before you begin, how confident do you feel applying this change? Not yet confident Somewhat confident Confident with caution

Check the multifactorial test

Match each prompt to the factor it most directly tests. The aim is to move from a single acid-test shortcut to a rounded, fact-sensitive assessment.

What kind of setting is this, and how restrictive is it in practice? How long has the arrangement lasted, and is it temporary, indefinite, or changing? How does the arrangement affect the person's day-to-day life, relationships, choices, and distress? How are restrictions applied, supervised, explained, reviewed, or enforced?

Which additional point must be established before there is deprivation of liberty? Confinement as an objective fact and absence of valid consent A person lacks MCA capacity for residence and care The placement is objectively unusual for someone with similar needs

Test valid consent

Use the note's wording to decide what is relevant. Valid consent is not the same as MCA capacity for residence and care, but mere compliance is not enough.

Mini-scenario

Sam lacks capacity under domestic law to decide where they should live and what care they should receive. Sam recognises the home, can say whether they are happy or unhappy there, and can tell staff when they want to leave. Sam has not objected recently. Staff also know Sam's medication can make them quieter and less able to express wishes.

What is the safest AGNI-informed response? Do not rely on MCA incapacity alone; explore wishes, awareness, medication effects and any serious doubt Treat the lack of objection as valid consent without further enquiry Treat MCA incapacity as automatically preventing valid consent

Which facts should be actively explored before drawing a conclusion? Awareness of living arrangements Ability to communicate happiness or unhappiness Medication suppressing expression of wishes and feelings Whether absence of objection is only compliance or acquiescence

Apply it to practice

Complete the reflection below. Keep it short and practical: what will you now check, ask, record, or avoid assuming?

One immediate change I will make in my assessment or recording is: One question I need to discuss with colleagues or legal advisers is:

AGNI: what changes after Cheshire West?