June 2026 update

MHLO · 6 July 2026 22:00

Website

Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
Mental Health Law Online CPD scheme: 12 points for £75. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.
Cases. By the end of this month, Mental Health Law Online contained 2559 categorised cases
Chronology. See June 2026 chronology for this month’s changes to the website in date order.

Cases

Case (Compulsory treatment for prisoner). Nottingham University Hospitals NHS Trust v RL [2023] EWCOP 22 — Court authorisation of compulsory treatment of psychosis by NGT for life sentence prisoner who lacked the relevant capacity (unable to weigh up information or communicate decision).
Case (DOL definition). AGNI Reference (Cheshire West Revisited) [2026] UKSC 16 — (1) The objective element of Article 5 deprivation of liberty involves a “multifactorial” assessment, taking account of a whole range of factors including the type, duration, effects and manner of implementation of the measure in question. The “acid test” sub-set of factors are not jointly sufficient to show a deprivation of liberty. Relevant considerations include: compliance (and lack of objection), relative normality of the placement, purpose, and coercion (as opposed to innate limitations). (2) In relation to the subjective element, “valid consent” (the presence of which means there is no Article 5 deprivation of liberty at all) has a special Article 5 meaning and can be given by those lacking capacity under domestic law (variously described but essentially based on de facto understanding and happiness). (3) Cheshire West and Chester Council v P [2014] UKSC 19 was overruled under the 1966 Practice Statement. (4) The proposed Northern Irish Revised Code would be Convention compliant. [Detailed summary to follow.]

Resources

AGNI response. Rod Campbell-Taylor, ‘Supreme Court’s decision in AGNI’ (Law Society Gazette, 26 June 2026) — This article compares Court of Protection cases with Bleak House’s Jarndyce and Jarndyce litigation - including s21A appeals trundling on for months or years, like “wading through treacle”, occasionally improving matters but often achieving nothing but distress. Specific welfare cases are mentioned, including a three-year case with 30 orders but with the main issues yet to be decided, and an 18-month case brought by a local authority which made more or less no difference but left the family financially and emotionally broken. The author hopes that the post-AGNI reduction in “DOLS paternalism” will allow more time to focus on those cases of greatest need, and suggests that now could be the moment to overhaul the court’s case management approach to welfare cases.
AGNI guidance. Department of Health (NI), ‘Interim Guidance for Practitioners in relation to Deprivation of Liberty’ (HSC circular MCAU 1/26, 23 June 2026) — “This circular is to provide interim guidance for practitioners in relation to Deprivation of Liberty for those who lack capacity following the UK Supreme Court Judgment on Valid Consent and the overturning of Cheshire West.”
AGNI response. ADASS, ‘Update note from ADASS following the Supreme Court decision on deprivation of liberty’ (18 June 2026) — ADASS through the national DOLS Leads network is actively working on the development of a priority/review tool. Several points to be followed by all councils are listed, based on DHSC, ‘UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty’ (15 June 2026).
AGNI response. Belinda Schwehr, ‘AGNI: Overview and Critical Analysis’ (CASCAIDr, 8 June 2026) — Very detailed summary, including this in the conclusion: “The judgment is right to bury the acid test. It is right to insist that Convention consent is not reducible to MCA capacity. It is right, too, to recognise that a person with impaired decision-making may still have a de facto attitude to their own living arrangements that the law must take seriously. But it is wrong, or at least gravely under-reasoned, as far as it leaves the impression that the inability to express a view can be solved by replacing P’s will with somebody else’s.”
AGNI guidance. DHSC, ‘UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty’ (15 June 2026) — Guidance for health and social care staff, carers, and staff responsible for policies etc. NHS England will be publishing an updated DOLS e-learning module by 30 July 2026. DHSC will publish additional interim guidance, including practical case studies.
AGNI response. Lucy Series, ‘There and back again’ (The Small Places blog, 2 June 2026) — This interesting blog post contains various useful external links.
AGNI summary. Buckinghamshire Disability Service, ‘The Supreme Court’s decision about ‘deprivation of liberty’’ (6 June 2026) — This article provides a good summary of the AGNI decision and criticises the “kneejerk” reaction of Mind, Mencap and NAS, stating instead that it is too early to tell whether the decision will be positive or negative for disabled people’s rights.
AGNI summary. 39 Essex Chambers, ‘AGNI Reference: Summary’ (2 June 2026) — Detailed summary of AGNI judgment.
AGNI summary. Tim Spencer-Lane, ‘The Supreme Court’s reversal of the Cheshire West judgment explained’ (Community Care, 3 June 2026) — This article summarises the AGNI decision.
AGNI response. Court of Protection, ‘AGNI: Note for Re X judges’ (Carolyn Hilder, 2 June 2026) — This guidance sets out some extracts from the AGNI judgment, including about when there is a deprivation of liberty and what counts as “valid consent”.
Response to AGNI decision. CQC, ‘CQC statement on the Supreme Court’s judgment on deprivation of liberty’ (8 June 2026) — This statement explains the “proportionate approach” that the CQC will take to assessments for the time being.
Response to AGNI decision. ADASS, ‘ADASS responds to Supreme Court ruling on Deprivation of Liberty Safeguards’ (4 June 2026) — The Association of Directors of Adult Social Services statement is optimistic about the effects of the AGNI decision. On 5 June the sentence beginning “These people may no longer need the DoLS authorisation” was changed to end with “and this will also need to be considered” instead of “and as such there is the potential to sue for unlawful deprivation of liberty”.
Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 161, June 2026) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case (the ‘rapid reaction’ webinar held on the day the judgment was handed down can be found [online]); (2) In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity; (3) In the Practice and Procedure Report: the Court of Appeal resets transparency; (4) In the Mental Health Matters Report: nearest relative resources and 20 years of Mental Health Law Online; (5) In the Children’s Capacity Report: overseeing consent; (6) In the Wider Context Report: well-being and wishes, and capacity and divorce; (7) In the Scotland Report: Scottish reactions to AGNI.”
Mental capacity law newsletter. 39 Essex Chambers, ‘Mental Capacity Report’ (issue 160, May 2026) — “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Townsend updated, sex before the Court of Protection again, and a profoundly disturbing report on dementia in acute hospitals; (2) In the Property and Affairs Report: new OPG investigation requirements and the consequences thereof; (3) In the Practice and Procedure Report: importance guidance on instructing experts, when habitual residence can be revisited, and a very useful new book on coercive control; (4) In the Mental Health Matters Report: the legal gaps for those in mental health crisis in ED and misunderstandings of the MCA in the mental health context; (5) In the Children’s Capacity Report: deprivation of liberty of children in statute and in unregulated placements and what procedural fairness (does) not require in assessment; (6) In the Wider Context Report: the MCA and suicide, and new guidance on consenting to clinical trials; (7) In the Scotland Report: an update on the new AWI accreditation programme being run by the Law Society of Scotland.”