Mental Capacity Report – June 2026

Welcome to the June 2026 Mental Capacity Report. Highlights this month include:

1. In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case;
2. In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity;
3. In the Practice and Procedure Report: the Court of Appeal resets transparency;
4. In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online;
5. In the Children’s Capacity Report: overseeing consent;
6. In the Wider Context Report: well-being and wishes, and capacity and divorce;
7. In the Scotland Report: Scottish reactions to AGNI.

Nyasha Weinberg’s practice having taken in a new direction, we say a farewell and thank you to her this issue; we are, however, delighted to welcome Alex Cisneros to the team.

A reminder that that whilst Chambers have launched a new and zippy version of our website which may look unfamiliar, all the content that you might need – our Reports, our case-law summaries, and our guidance notes – can still be found via here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also sign up to the Mental Capacity Report.