Post-AGNI Deprivation of Liberty Case Law Update Lunchtime Briefing 14 January 2027

The Supreme Court ruling on the definition of a ‘Deprivation of Liberty’ has a significant impact on many people with learning disabilities and care services.

The judgement does away with the ‘Acid Test’ that was framed by the Cheshire West ruling in 2014, in favour of a more complex, multi-factorial interpretation of a ‘deprivation of liberty’, which includes an interplay of objective and subjective assessments.

DHSC guidance is still awaited. In the meantime,  case law in the Court of Protection is already shaping the interpretation of what now constitutes a deprivation of liberty. There have been several cases relating to adults, and some relating to under 16s.

This 1-hour lunchtime session will cover:

• Recap of the Supreme Court AGNI decision of June 2026
• Post-AGNI case law - the relevance of relative normality, purpose and wishes and feelings
• Post-AGNI case law - the threshold for valid consent
• The importance of Article 8 protections for those no longer deprived of liberty
• Care Act assessments and assessing capacity
• DHSC guidance (if published)

The webinar will be run by Rod Landman, ARC England's Training and Projects Lead who has been delivering specialist Mental Capacity Act and Deprivation of Liberty training to social care providers for over 15 years.

Prices

Early Bird! £18 instead of £20

ARC England members Early Bird! £16 instead of £18 - check your emails or email liz.collins@arcuk.org.uk for your discount code