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Neil AI-Len is your AI legal assistant — built on over 25 years of practice in mental capacity, mental health, and social care law. Ask a question in plain English. Get a substantive, referenced answer grounded in statute, case law, and the Codes of Practice.

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Neil AI-Len
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Is the acid test for deprivation of liberty still good law?
No. In the AGNI Reference [2026] UKSC 16 the Supreme Court overruled Cheshire West. There is no single acid test: whether someone is deprived of their liberty is now a multifactorial assessment — the type, duration, effects and manner of the restrictions, with no one factor decisive.
Can a person who lacks capacity give valid consent to their confinement?
They may. Valid consent is an autonomous Article 5 concept, not the MCA capacity test. A person with a basic understanding of their living arrangements, who shows they are happy with them, may give valid consent, so there is no deprivation of liberty. Mere compliance is not enough. Where there is serious doubt, no consent is inferred.
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Neil AI-len gives general legal information only. Your questions are sent to Anthropic (USA) to generate answers — see our privacy notice. It does not constitute legal advice and should not be relied upon as a substitute for professional guidance.
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