Mental Capacity Report – October 2026

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

1. In the Health, Welfare and Deprivation of Liberty Report: capacity, presumptions and the Care Act 2014; and the most comprehensive first instance ‘run’ at AGNI so far;
2. In the Property and Affairs Report: deputies and direct payments, and the Court of Protection and the validity of wills;
3. In the Practice and Procedure Report: the AGNI effect starts to show in the statistics;
4. In the Mental Health Matters Report: HSSIB’s investigation into mental health care in the emergency department;
5. In the Children’s Capacity Report: desperate deprivation of liberty and consenting to confinement;
6. In the Wider Context Report: Anglo-Welsh legal differences and asserting your own capacity;
7. In the Scotland Report: what listening to children tells us about listening to adults.

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.