# AGNI Ruling and Court of Protection Property Sale Evidence | Nellie Supports Source: https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence Canonical: https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence Written by: Ben Slater Source review by: Kerry Slater Source review recorded: 2026-09-09 # Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence AGNI [2026] UKSC 16 changed the Article 5 deprivation-of-liberty approach. Property-sale capacity, authority to sell and any court-directed liberty evidence remain distinct questions. ## Author and Publication Author: Nellie Supports Ltd Publication Date: 15/05/2026 ​ ## Citation Mental Capacity Act 2005, c. 9. Available at: [https://www.legislation.gov.uk/ukpga/2005/9/contents](https://www.legislation.gov.uk/ukpga/2005/9/contents) ## Copywright Copywright © 2026 Nellie Supports Ltd. All rights reserved. ​ This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd. ​ This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms. ## About this guide AGNI [2026] UKSC 16 changed the Article 5 deprivation-of-liberty approach. Property-sale capacity, authority to sell and any court-directed liberty evidence remain distinct questions. This guide separates the current liberty test from evidence of capacity, best interests and authority in a property transaction. ## What’s on this page - [Contact](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence) - [Overview](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence) - [Frequently Asked Questions](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence) - [Related Pages](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence) On 2 June 2026, AGNI [2026] UKSC 16 overruled the Cheshire West approach to identifying deprivation of liberty. The objective element is now assessed through multiple factors, and valid consent under Article 5 is distinct from capacity under domestic law. This does not create a universal property-sale filing rule. If the Court of Protection requests evidence about living arrangements in a sale application, read the actual direction and address it alongside the separate capacity, authority and best-interests questions. ## What the Supreme Court decided in AGNI AGNI departed from P v Cheshire West and Chester Council [2014] UKSC 19 under the 1966 Practice Statement. Cheshire West had held that a person who lacked capacity to consent to their arrangements was deprived of their liberty whenever they were under continuous supervision and control and not free to leave, whatever the comfort or purpose of the placement. AGNI holds that those two factors are no longer sufficient on their own. Whether a person is deprived of their liberty under Article 5 now requires a multifactorial assessment of the type, duration, effects and manner of implementation of the arrangements, taking account of the person's compliance or objection, the relative normality of the placement, its purpose, and whether restrictions arise from coercion or from the person's own limitations. ## Valid consent: the part that changes most in practice Article 5 valid consent is concerned with the person’s actual awareness and experience of their arrangements. A person who lacks capacity under the Mental Capacity Act may nonetheless have sufficient basic awareness to express acceptance or objection in the Article 5 sense. Do not infer consent from compliance or a brief statement of contentment. Consider the person’s communication, behaviour, relevant records and possible effects of medication or pressure. Where there is serious doubt, do not draw a conclusion of valid consent. ## How liberty evidence relates to a property application A proposed sale may affect whether the person can return home and may therefore require evidence about care, residence and future options. The judge can direct further evidence in the individual application. A DoLS authorisation does not itself establish capacity to sell, justify sale as being in the person’s best interests or confer authority to dispose of property. Check the deputyship order or LPA, title and any trusteeship or conflict issue, and answer any court direction on its own terms. ## What the court's direction actually asks for Check who must file the evidence, the required form, the questions, supporting documents, relevant period and deadline in the actual order. A COP24 is a witness statement: its author should identify what they know directly, what comes from others and the source of that information. If an expert opinion is required, confirm the permitted scope, author and procedural requirements. A standard checklist cannot override the court’s directions. ## Why a DoLS authorisation no longer answers the question An existing DoLS authorisation is relevant evidence of the authority, assessments and conditions recorded at the time. AGNI did not automatically cancel every authorisation or court order. Check its date, scope, conditions, current arrangements and review position. Where present-day Article 5 evidence is requested, explain the current facts and analysis rather than relying on the document alone. Absence of an authorisation neither proves that one is unnecessary nor establishes that every placement is unlawful. ## Two questions that must not be blended Capacity to sell is assessed for the particular transaction under the applicable legal framework; a COP3 supplies evidence where the Court of Protection requires it. Article 5 concerns objective confinement, absence of valid consent and state responsibility for the living arrangements. Residence and care decisions, best interests and authority to sell are further questions. One visit may inform more than one issue, but the evidence and conclusions must remain clearly identified. ## What good Article 5 evidence looks like after AGNI Describe the actual arrangements: access to doors and outside space, supervision, monitoring, restraint, visits and outings, including who imposes each restriction and its practical effect. Use care and medication records for the period relevant to the question, identifying any sedating or as-needed medication and the reasons recorded. Support the person to communicate their own awareness and wishes, and consider staff and family accounts. Set out the facts and sources before the separate Article 5 analysis, with uncertainties and further steps stated. ## Where practitioners are being caught out Avoid applying the former acid test alone, treating silence as consent, assuming an old authorisation answers the present facts, or presenting a capacity-to-sell opinion as a liberty decision. Do not assume every applicant needs a paid independent report, a six-month medication schedule or a 28-day filing period. The actual legal issue and court order determine the evidence needed; unresolved liberty concerns should be raised promptly through the appropriate provider, supervisory body or court route. ## Key takeaway Use AGNI for the current Article 5 analysis and keep it distinct from capacity to sell, best interests and legal authority. Read and meet the actual court direction, explain the sources and limits of the evidence, and seek clarification promptly if the requested material or deadline is unclear. Neither a report nor a DoLS document guarantees permission to sell. ## Frequently asked questions ### Does AGNI mean nobody in a care home is deprived of their liberty any more? No. Apply the current Article 5 approach to the individual arrangements: multifactorial objective confinement, absence of valid consent and state responsibility. The presence of a locked door, supervision or care-home residence does not decide the whole question, while compliance alone does not establish consent. Where doubts remain, pursue the appropriate review, authorisation and safeguards. ### What is valid consent under AGNI? Article 5 valid consent is distinct from domestic Mental Capacity Act capacity. It concerns the person’s basic awareness and actual experience of their arrangements, expressed in words or other communication and behaviour. Use relevant records and accounts as well as supported direct communication. Do not infer valid consent from mere compliance, and do not draw that conclusion where serious doubt remains. ### The court has directed a COP24 on deprivation of liberty. Who writes it? COP24 is a witness statement completed and verified by the witness, often the applicant where the direction requires their evidence. Identify direct knowledge and the sources of other information, with exhibits where appropriate. An expert report is required only where the rules, direction or evidential question call for it. Capacity to sell and Article 5 are separate issues; follow the actual application requirements and court direction for each. ## Related mental capacity assessment pages The related pages below explain connected decisions, evidence requirements and legal processes. ### Court of Protection Property Sale Evidence ### Trustee capacity where property or land is being sold ### What is capacity to buy, sell or transfer property? ### Read guide ## Practical next steps Before seeking a report, write down the exact decision, relevant date, reason for concern and intended use. Gather the documents that explain the real options and any communication needs. Check any required form or court direction, agree the scope and total fee, and clarify how missing evidence or further questions will be handled. ## Related information - [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa) - [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare) - [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ