BIA practice resource · Post AGNI

REALITY Evidence and Analysis Builder

Move from a list of restrictions to an evidence-led account of the person’s concrete situation.

REALlife
3elements
1reasoned view
Start here

A disciplined route through the evidence

AGNI restores a multifactorial assessment. No single fact decides the question, and the analysis must stay anchored to the individual.

1

Objective confinement

Is the person confined in a particular restricted space for a material period, judged from the whole reality?

2

Absence of valid consent

What do the person’s awareness, wishes, feelings and behaviour show? Do not equate this automatically with MCA capacity.

3

State responsibility

Is the confinement directly imposed, authorised, funded, arranged, known about or insufficiently protected against by the state?

Choose a letter

Each part of REALITY gathers evidence that can be tested, triangulated and weighed.

Facts before labels

Record what happens, how often, who does it, what triggers it, and what the person experiences.

?

Uncertainty is evidence

Where wishes are ambiguous or evidence conflicts, record the doubt. Do not manufacture certainty from silence.

Keep the decisions distinct

First identify deprivation of liberty. Then address necessity, proportionality and best interests if the DoLS criteria are engaged.

Authority to evidence

What each case asks you to prove

Select an authority for its facts, current status and practical evidence prompt. The timeline is chronological, not a hierarchy of importance.

Timeline correction

Winterwerp concerned psychiatric detention, not a care-home placement. Its enduring contribution here is the evidential basis and continuing review required for detention under Article 5(1)(e).

Evidence builder

Describe the person’s concrete situation

0% evidenced
Analytical balance

Weigh evidence, do not count restrictions

The question is degree and intensity, assessed cumulatively. Evidence may point in different directions and still require an overall judgment.

Evidence pointing towards confinement

External control, coercion and substantial impact

Evidence pointing away from confinement

Freedom, acceptance, normality and low intensity

?

Unclear, disputed or still to test

Evidence gaps must stay visible

Five challenge questions before concluding

Reasoned outcome

Turn evidence into a defensible conclusion

The tool structures professional judgment. It does not calculate whether Article 5 is engaged.

01

Objective element

02

Subjective element

03

State attribution

Responses save on this device.
Authorities and source links

This educational resource supports structured assessment and recording. Practitioners remain responsible for applying current law, statutory guidance and local procedures to the individual case.