An Important Decision Post AGNI: The Case Of AR

The case of AR is an important early decision in what is likely to be a growing body of case law post the Supreme Court’s ruling in AGNI. It is the first case to comprehensively consider the new multifactorial approach to deprivation of liberty. It is also a reminder that deprivation of liberty is both multifactorial and case specific and not a set of circumstances that give rise to deprivation of liberty. The decision will be of interest to providers and supervisory bodies.

AR’s case

AR is a 25-year-old man with a learning disability and autism who lives in supported accommodation. His care plan provides for continuous one-to-one supervision, increasing to two-to-one staffing in the community. Staff may occasionally use physical redirection to keep him safe. His daily activities and routines are closely managed and kept predictable to minimise distress and behaviours that pose risks, including aggression towards others, climbing onto roofs, unsafe interactions with electrical