Re B (A Child: Complex Needs: Deprivation of Liberty) [2026] EWHC 2789 (Fam) represents a clear and detailed consideration and… Read more
Category: Comments
Deprivation of liberty and public protection post-AGNI
HHJ Burrows continues to display a Stakhanovite approach to producing post-AGNI judgments. In ZZ (Deprivation of Liberty in the Public… Read more
AGNI – the first reported Northern Irish case
Given that the AGNI case started with a devolution reference from Northern Ireland, it is of interest that – so… Read more
What does normality look like for the person? A cautionary AGNI tale
In NHS Leicester, Leicestershire and Rutland ICB v AA & Ors [2026] EWCOP 56 (T1), Tribunal Judge Sharron, sitting as a… Read more
Responding appropriately to the physical health needs of those with mental health conditions – a case study
Barts Health NHS Trust v CG [2026] EWCOP 55 (T3) is a relatively ‘routine’ serious medical treatment case, which Theis J… Read more
Experiencing the ‘necessary element’ of coercion – another post-AGNI worked example
TW v Worcestershire County Council [2026] EWCOP 54 (T2) is a thoughtful ‘worked example’[1] by HHJ Tindal applying AGNI, this… Read more
Article 8 protections after AGNI
In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme… Read more
Deciding deprivation of liberty in an “efficient, and relatively speedy” way
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived… Read more
Capacity, presumptions and doubts – the Court of Appeal clarifies
In TDB v London Borough of Haringey [2026] EWCA Civ 1168, the Court of Appeal has clarified the role that… Read more
AGNI – the most comprehensive first instance ‘run’ at it so far
[Note: this case is being ‘leapfrogged’ to the Court of Appeal] Just too late for the September 2026 Mental Capacity… Read more