The Government’s AGNI response: What it says and what it doesn’t say

The Care Minister, Alison McGovern has responded to the Joint Committee on Human Rights’ (JCHR) letter expressing concerns about the impact of the Supreme Court’s AGNI decision and its implications for deprivation of liberty safeguards.

The Government’s response confirms that:

• The Department of Health and Social Care intends to publish additional guidance in the autumn to support consistent implementation. This would supplement the Department’s first piece of guidance published in June 2026. You can read our thoughts on the guidance here.

• The Government’s immediate priority remains supporting implementation of the decision and it has not announced any plans for legislative reform in response to AGNI.

• Existing statutory protections continue to apply under the:

  • Care Act 2014

  • Mental Capacity Act 2005

  • Human Rights Act 1998

  • Equality legislation

• Healthcare practitioners should seek advice where there are concerns or uncertainty over deprivation of liberty safeguards or valid consent and make Court of Protection applications where appropriate.

• Practitioners should avoid “superficial or rushed assessments”.

• Local authorities, NHS bodies and providers are also reminded that they remain responsible for ensuring that assessments are conducted appropriately and in accordance with their legal obligations.

• Organisations and practitioners are expected to place individuals at the centre of decision-making, involve families and those close to the individual wherever appropriate, and ensure that any restrictions are lawful, proportionate and necessary.

Comment

While the response provides some clarification on each of the areas raised by the JCHR, it provides limited additional detail on some of the more complex issues that providers and commissioners are currently grappling with following AGNI.

For now, the emphasis remains on careful assessment, considered decision-making and clear documentation, pending publication of the further guidance later this year.

If you’d like to discuss any of the issues raised in this blog, please contact James Wood. You can also visit our mental capacity webpage for more information.

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