Neil AI-Len — Advanced Intelligence for Legal Learning | LPS Law

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Neil AI-Len is your AI legal assistant — built on over 20 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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MCA · MHA · CoP Specialist Areas
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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 consent to their care arrangements?
Now, yes. Valid consent is an autonomous Article 5 concept — it is not the same as MCA capacity. A person with a basic understanding of their circumstances who shows they accept them may give valid consent, taking the arrangements outside Article 5. Where there is serious doubt, no consent is inferred.
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Neil AI-Len provides general legal information only. It does not constitute legal advice and should not be relied upon as a substitute for professional guidance.
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