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Neil Allen @lpslaw.bsky.social · 12/10/2026

This week in mental health & capacity law: Re PK & MK holds the Care Act and MCA gave adequate Article 8 protection after AGNI, with no need for continuing court review, though other cases may differ. Also a finely balanced mastectomy best interests decision. lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 05/10/2026

Three bits of news from the past week: a 16-year-old on 3:1 staffing behind locked doors found not deprived of liberty after AGNI; LPAs invalid because of who signed as certificate provider; and the October Mental Capacity Report: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 21/09/2026

Two from this week: the Court of Appeal says if capacity is in doubt, assess it before the Care Act assessment is done - but capacity to make which decision? And in Derby, 2:1 support and locked doors weren't a deprivation of liberty. lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 14/09/2026

Three from this week: HHJ Hilder says managing direct payments needs its own deputyship authority (retrospective if you already do it); the assisted dying Bill falls 270-286; and no part of s.117 accommodation can be charged to the patient. The details: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 07/09/2026

Re AR, the fullest run at AGNI yet: a man under constant supervision and occasional restraint who is not, says the court, deprived of his liberty. Summary: lpslaw.co.uk/news/ My AGNI half-days run 10 & 29 Sept, 7 & 23 Oct, 4 Nov - £75, 9.30-1pm: lpslaw.co.uk/lawlive/agni/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 04/09/2026

The first proper judicial look at AGNI at Tier 2. A very thoughtful analysis with interesting ideas, although suggesting a disabled comparator at [35] will no doubt be further debated in due course. caselaw.nationalarchives.gov.uk/ewcop/t2/202...

caselaw.nationalarchives.gov.uk

AR (Whether restrictions amount to a deprivation of liberty), Re - Find Case Law - The National Archives

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Neil Allen @lpslaw.bsky.social · 01/09/2026

Three from the past week: a judge losing patience with six years of argument over whether P was vegetative or minimally conscious; a court reading contradictory non-verbal signals as P's wishes; and £25k for eight years in the wrong placement. The details: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 24/08/2026

Last week we saw the CoP recognising a Scottish guardianship order at the second attempt (Argyll and Bute v RF (No 2)), and applying AGNI when P is sedated - compliance isn't consent: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 17/08/2026

This week we have a case on habitual residence and cross-border placements in CW v Hartlepool, an unlawful detention claim dismissed in Appiah, and the first academic paper on AGNI. For details see: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 13/08/2026

After a long COP day, here’s the goss about the need for a soft AGNI landing, prioritising requests in NOT screening out, and the importance of raising potential unlawful deprivations of liberty. youtu.be/tmd6IPpQwi4?...

youtu.be

The AGNI ruling: The prioritisation tool and next steps for supervisory bodies

YouTube video by ADASS

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Neil Allen @lpslaw.bsky.social · 10/08/2026

Fresh this week in mental health & capacity law: a rare s.21A capacity win - and AGNI's retrospective effect on damages; the CoP on Hinduja case papers after P's death; a stark LGSCO warning on outsourced safeguarding. The details: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 03/08/2026

It doesn’t change anything. It’s an example of a judge applying the test on specific facts. There’s nothing new in it that has any precedent value for practitioners.

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Neil Allen @lpslaw.bsky.social · 03/08/2026

The week in mental health & capacity law: Hayden J restates the capacity to marry test, the AGNI multifactorial test gets its first contested run-out, and what AGNI means for restricted patients: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 27/07/2026

Re HB [2026] EWCA Civ 960: the Court of Appeal decides that 'autonomy' is an "over-used", elastic concept - a welfare deputy can enhance P's participation, not diminish it. Six features indicating when appointment may be in P's best interests. Details: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 27/07/2026

Re Patricia [2026] EWCOP 29: Peel J decides that s.28 MCA excludes the Court of Protection from making best interests decisions about s.63 MHA treatment. Challenges to Part 4 treatment decisions lie in judicial review or the HRA, not the COP. Summary: lpslaw.co.uk/news/

lpslaw.co.uk

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Neil Allen @lpslaw.bsky.social · 19/06/2026

www.lpslaw.co.uk/lawlive/agni/ Next Friday’s DOL course will be a practical half-day online session on the multifactorial test, worked examples, the borderline cases, valid consent, and how to approach the existing DoLS authorisations, Part 8 and requests.

lpslaw.co.uk

Supreme Court's decision — Training | LPS Law

Deprivation of liberty training following the Supreme Court's decision. Half-day live course via Zoom with Neil Allen of 39 Essex Chambers.

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Neil Allen @lpslaw.bsky.social · 13/06/2026

What is a DOL now? Join me to learn amidst the chaos: 9.30am–1pm: 26 June, 10, 17 & 21 July. £75 inc VAT; £950+VAT for up to 30. For BIAs, assessors, AMHPs, DoLS teams and authorisers. Book: lpslaw.co.uk/lawlive/agni/ Subscribed LPS Members get discounts at: lpslaw.co.uk/members/

lpslaw.co.uk

Supreme Court's decision — Training | LPS Law

Deprivation of liberty training following the Supreme Court's decision. Half-day live course via Zoom with Neil Allen of 39 Essex Chambers.

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Neil Allen @lpslaw.bsky.social · 16/06/2025

DoLS refresher courses: 26.6.25, 16.7.25, 6.11.25 "That's the best refresher session I have ever done (and I have done a fair few!)" (Stephen Down, MCA & LPS Lead, 2025) Tickets available here: www.eventbrite.co.uk/o/neil-allen... Local authorities: email neil@lpslaw.co.uk for group discounts

eventbrite.co.uk

Neil Allen

"Neil is a brilliant advocate who is able to deal with complex matters very easily... He is great with clients and colleagues alike." Chambers & Partners 2023“An unflappable and incredibly…

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Neil Allen @lpslaw.bsky.social · 13/05/2025

🚨 Need to reduce your DoLS backlogs? Read our new DoLS Equivalent Assessment Guidance Note which I'll be talking about it at the DoLS authoriser course: 📅 4 July 2025 9.30am-1pm Book your place now 👉 www.eventbrite.co.uk/e/dols-autho... Or 📧 contact: neil@lpslaw.co.uk for an invoice

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Neil Allen @lpslaw.bsky.social · 14/03/2025

Latest CQC's report on monitoring the Mental Health Act for the year 2023-2024: www.cqc.org.uk/publications... “We remain concerned that clinicians may not always be considering where the MHA can be used when the DoLS framework is not appropriate and where the patient is objecting.."

cqc.org.uk

Monitoring the Mental Health Act in 2023/24 - Care Quality Commission

Monitoring the Mental Health Act is our annual report on the use of the Mental Health Act 1983 (MHA).

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Neil Allen @lpslaw.bsky.social · 22/01/2025

Personal plea for legal clarity: please can we stop referring to “decisional capacity” and “executive capacity” in SARs, coroner’s reports etc. If someone cannot “use”, or perhaps “retain”, information at the material time, refer to that instead as per MCA 2005. Thanks!

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Neil Allen @lpslaw.bsky.social · 19/12/2024

This is how an amended MHA 1983 might look: bills.parliament.uk/publications...

bills.parliament.uk

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Neil Allen @lpslaw.bsky.social · 17/12/2024

Why not treat yourself for Christmas and spend a day with me 🎅🏽😂; you’ll get a 6-hour certificate in return: buff.ly/49OEBCA

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