Mental Capacity Report – September 2026

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

1. In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity conundrums in one case and ‘over-litigation’ in a PDOC case;
2. In the Property and Affairs Report: an update from the Property and Affairs Court User Group meeting and the OPG is recruiting lawyers;
3. In the Practice and Procedure Report: the Court of Appeal resets the approach to personal welfare deputies, and cross-border cases involving Scotland;
4. In the Mental Health Matters Report: recent cases concerning the relationship between the MHA and the MCA and an excoriating judgment on “detainability;”
5. In the Children’s Capacity Report: AGNI and children and the Joint Committee on Human Rights reports on the human rights of children in care;
6. In the Wider Context Report: litigation capacity complexities, and recent medical guidance documents concerning consent, voluntarily stopping eating and drinking, and eating disorders and critical care; and
7. In the Scotland Report: a Practice Note that has caused some consternation.

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.