Supreme Court's AGNI Ruling: Implications for Independent Advocacy in Scotland

24 October 2026

On 2 June 2026, the UK Supreme Court delivered its judgment in the case known as the AGNI ruling, overturning its previous 2014 decision in 'Cheshire West'. This landmark decision has significant implications for the identification of deprivation of liberty under Article 5 of the European Convention on Human Rights.

Previously, the 'acid test' from the 'Cheshire West' case determined that a person under continuous supervision and control, and not free to leave, was considered deprived of their liberty, regardless of their comfort or consent. The AGNI ruling revises this understanding, potentially altering how deprivation of liberty is assessed.

The Scottish Independent Advocacy Alliance (SIAA) has been closely examining the ruling's impact on independent advocacy services across Scotland. Independent advocates play a crucial role in supporting individuals to express their views and make informed decisions, especially when their liberty is at stake.

With the AGNI ruling introducing a new framework for assessing deprivation of liberty, there is a pressing need for clear guidance to ensure that individuals' rights are upheld. The SIAA emphasizes the importance of independent advocacy in navigating these changes, ensuring that those affected have a voice in decisions concerning their liberty.

At Thompson Family Law, we recognize the vital role of independent advocacy in safeguarding individuals' rights. We are committed to staying informed about these developments and supporting our clients through any legal challenges they may face as a result of this ruling.

For those seeking more information or assistance, the SIAA provides resources and support for individuals and organizations navigating the implications of the AGNI ruling.