AGNI Explained Ep 1: The New Deprivation of Liberty Test
Date: 2nd September, 2026.
Authored by: Doris Sheridan | doris@sheridanconsult.co.uk
This is AGNI Explained Episode 1 from Sheridan Consult, presented by Hannah Qaisir (Business Development Manager), a 1 Minute 34-second explainer on the UK Supreme Court's AGNI judgment on deprivation of liberty.
Summary
In Episode 1 of Sheridan Consult's AGNI Explained series, Hannah Qaisir, Business Development Manager, introduces the Supreme Court's AGNI judgment (The Attorney General for Northern Ireland's Reference (Deprivation of Liberty) [2026] UKSC 16), handed down on 2 June 2026, and explains why it represents a fundamental shift in how deprivation of liberty is assessed for anyone aged 16 and over under the Mental Capacity Act.
Before AGNI: A single test. For over a decade, practice followed the Cheshire West "acid test": was the person under continuous supervision and control, and not free to leave? As the video illustrates, this narrowed the assessment to essentially one question and one factor – is the restriction in place? – regardless of the person's wider circumstances.
After AGNI: The full reality of circumstances. The Supreme Court held that the acid test was wrong in law and that deprivation of liberty is multi-factorial. Practitioners must now look at all relevant factors and the real-world impact on the individual, including the type of restriction, its duration and its effect on the person. Setting, purpose of care, relative normality and the presence or absence of objection may all be relevant.
Wishes and feelings now matter. The judgment also changed the consent element: a person who lacks capacity under the Mental Capacity Act may still be giving legally valid consent through their expressed wishes and feelings, provided they have sufficient awareness of their arrangements. This is expected to reduce the number of deprivation of liberty authorisations over time. Who is affected. The video highlights the impact across hospitals, care homes, supported living and community health and social care, where existing DoLS authorisations and Court of Protection orders may need to be revisited. What organisations need to do. Hannah sets out a practical pathway:
case reviews → evidence → governance → decision-making.
Providers and local authorities should identify which cases need reconsideration, gather and record evidence of the person's circumstances and views, ensure governance structures support consistent, defensible decisions, and avoid reactive, unplanned changes while further government guidance and case law emerge.
Three questions for every case. The episode closes with the framework practitioners should now apply:
What is the person's actual situation?
What are the person's wishes and feelings telling us?
Does the overall situation amount to a deprivation of liberty?
Watch the full episode above, and follow the AGNI Explained series for further guidance on applying the new test in practice.