On the 2 June 2026, the Supreme Court’s landmark AGNI judgment overturned its 2014 Cheshire West judgment and changed deprivation of liberty law in the UK.

This session will provide an introduction to the judgment and what it means for social workers, approved mental health professionals and best interests assessors, and the latest guidance. The speaker, Tim Spencer-Lane, was part of the DHSC legal team in the AGNI case.

Learning outcomes:

• Understanding of the 2026 Supreme Court judgment, 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.

• An introduction to the multifactorial assessment and the new concept of valid consent.

• How the courts are applying the AGNI decision

• What guidance has been issued by government and other public bodies

• Update on the revised MCA code and what next for the Liberty Protection Safeguards.

This session will take place via video link.

The AGNI judgment transformed the legal framework around deprivation of liberty. In this session, you will gain a contextual understanding of deprivation of liberty and the impact and implications of the AGNI judgment .

The speaker, Alex Ruck Keene KC (Hon), was one of the Counsel for the Attorney General of Northern Ireland in the AGNI case. We know there are likely to be lots of questions, so have allowed 25 minutes at the end of the session for you to put your questions to Alex directly.

Learning outcomes:

• The implications of the AGNI judgment for your practice

• The guidance that has been produced to date and what is likely to be coming down the line

• The factors you should consider when carrying out a multifactorial assessment 

• AGNI in the mental health context

• Making good the DHSC ‘promise’ of rights protection for those in care homes, hospitals, supported living settings and their own homes

This session will look at how the AGNI judgment applies to children and young people who are under-18. It will also consider the issue of ‘valid consent’ in this context, and what the judgment means for use of the inherent jurisdiction to authorise the deprivation of liberty of a child in an unregistered setting.

Learning outcomes:

• Understand how the multi-factorial assessment applies to under-18s

• How the concept of ‘valid consent’ to confinement applies in the case of under-18s, and whether those with parents can give ‘valid consent’ on their behalf

• Understand the legal concepts involved in deprivations of liberty when under-18s need to be kept safe in this way and parental consent or secure accommodation orders are not possible

• How the courts have responded to applications to authorise children and young people’s confinement in ‘bespoke’, unregulated or unregistered accommodation when there are no other suitable placements available, and if this is likely to change in the wake of the AGNI judgment

The legal framework around deprivation of liberty is often misunderstood, causing unnecessary confusion, potential liabilities, and ‘Insight’ and ‘executive dysfunction’ are clinical concepts frequently used in medical and psychiatric settings. The Mental Capacity Act makes no mention of either, but the courts have recognised both these concepts and they both appear in relevant case law.

Assessing and working with people with lack of insight or executive functioning difficulties can be challenging. The individual may engage in behaviour which places them at risk of harm, and professionals are often faced with obstacles which make assessments very difficult to complete. So, it is important to understand how the MCA should be applied in such cases.

Learning outcomes:

• The difference between ‘insight’ and capacity, and what we can learn from the recent case of CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3)

• Why the social worker’s use of structured forms was commended by the judge in this case – and what you can learn for your own practice • What executive function is and how it affects the individual in the context of capacity.

• Why the most relevant functional element of the functional test of capacity when it comes to executive functioning is the ability to use or weigh the information.

Despite the significant challenges that hoarding disorder presents for social workers, hoarding has rarely been the subject of reported court cases. The judgments given in AC and GC (Capacity: Hoarding: Best interests) [2022] EWCOP 39 and A Local Authority v X [2023] EWCOP 64 are the first two times a Court of Protection judge has focused on this issue.

Our speaker, Neil Allen, was the lawyer for AC.

We have ensured that there is an extra-long period at the end of Neil’s two sessions for questions from the audience.

Learning outcomes:

• How you assess the mental capacity of an adult with hoarding disorder.

• The relevant information for the purposes of a capacity assessment when it comes to making decisions about a person’s items and belongings.

• What happens when Article 8 of the European Convention on Human Rights is engaged.