AGNI and Deprivation of Liberty: What Does it Mean for Selling a Property?
Recent reports concerning the care arrangements of explorer Sir Ranulph Fiennes have brought the issue of deprivation of liberty into the public spotlight. Against this backdrop, a recent Supreme Court judgment has also significantly changed the legal approach to determining whether a person is being deprived of their liberty.
The recent Supreme Court decision in AGNI [2026] UKSC 16 has changed the way an assessment is made as to whether someone is being deprived of their liberty. The decision is particularly relevant to people who lack mental capacity and live in residential care or supported accommodation.
But what does it mean if a person’s property needs to be sold?
What has changed?
Previously, the courts generally applied the well-known “acid test” from Cheshire West. Broadly, if a person lacked capacity, was under continuous supervision and control was not free to leave, they were considered to be deprived of their liberty.
AGNI has changed this approach.
The Supreme Court has said that the question must now be considered more broadly, considering the individual circumstances of the person, including the type, duration, effects and manner in which restrictions are imposed. Importantly, the person’s wishes and feelings can also be relevant.
The new approach applies immediately.
Does someone need a DoLS authorisation before their property can be sold?
No. However, authority under General Management Deputyship Order from the Court of Protection does not automatically provide authorisation or the sale of a property.
The primary question is whether the sale of the property would be in the person’s best interests.
The absence of a DoLS authorisation does not itself give a deputy permission to sell the person’s property.
Equally, obtaining a DoLS authorisation does not itself give a deputy permission to sell the person’s property.
What does this mean in practice?
AGNI does not mean that a person needs a DoLS authorisation before their property can be sold.
Deprivation of liberty and decisions relating to a person’s property are separate legal issues.
The important questions are whether the person’s current care arrangements amount to a deprivation of liberty under the new test and, separately, whether there is appropriate legal authority to deal with their property.
For anyone considering selling the home of a person who lacks capacity, it is therefore important to consider both issues separately and obtain appropriate advice before proceeding.
The practical implications of AGNI are still developing, but the decision represents a significant change in the way deprivation of liberty is assessed and will be particularly relevant to families, deputies and professionals supporting people who lack capacity.
Roswyn Bradshaw is an Associate and Court of Protection Caseworker Manager in the Private Client Team at Barker Gotelee Solicitors.
If you require advice about deputyships, property matters or supporting someone who lacks mental capacity, Roswyn and our Later Life Team can help.
To speak to a member of the team, please call 01473 611211, or complete our enquiry form below.
