Barrister (@39EssexChambers) and Director of LPS Law Ltd
Manchester, England
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AGNI masterclass feedback this month: 69% "awesome!", 29% "very good" (243 responses). So the masterclasses are returning after Summer on 10 Sept, 29 Sept, 7 Oct, 23 Oct, 4 Nov, 9.30am-1pm. £75 inc VAT per person; discounted £950+VAT for up to 30 staff per course: lpslaw.co.uk/lawlive/agni/
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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/
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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/
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Neil Allen retweeted
How well do you understand the AGNI judgment? - Community Care communitycare.co.uk/content/…
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Neil Allen retweeted
Case management and the Court of Protection - a wild idea (guest post): mentalcapacitylawandpolicy.o…
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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/
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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…
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Neil Allen retweeted
39 Essex Chambers September 2026 Mental Capacity Report and walkthrough: mentalcapacitylawandpolicy.o…
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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/
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We have conducted a thorough investigation into the Hugging Face incident.
We are releasing a technical report and accompanying blog post that reconstruct the agents’ activity, explain why existing safeguards failed, and detail how we’re preventing recurrence.
openai.com/index/hugging-fac…
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Neil Allen retweeted
Public likely to accept AI-made decisions in time, says top judge
legalcheek.com/2026/08/publi…
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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/
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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/
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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.
piped.video/tmd6IPpQwi4?is=6RNh…
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Neil Allen retweeted
AGNI masterclass feedback this month: 69% "awesome!", 29% "very good" (243 responses). So the masterclasses are returning after Summer on 10 Sept, 29 Sept, 7 Oct, 23 Oct, 4 Nov, 9.30am-1pm. £75 inc VAT per person; discounted £950+VAT for up to 30 staff per course: lpslaw.co.uk/lawlive/agni/
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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/
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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/
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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/
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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/
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The week in mental health & capacity law: how AGNI is playing out in court - objections front and centre; a discharge saga meets an MHA assessment; and two Ombudsman decisions on s.117 charging and nearest relative requests. All explained in plain English: lpslaw.co.uk/news/
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