Mental Capacity Report - February 2024

Welcome to the February 2024 Mental Capacity Report. Highlights this month include:

1. In the Health, Welfare and Deprivation of Liberty Report: medical treatment dilemmas of different hues, how risky can the court be, and capacity in context;
2. In the Property and Affairs Report: useful guides for those creating LPAs and an Australian take on balancing risk and (false) hope in the context of scamming;
3. In the Practice and Procedure Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence;
4. In the Wider Context Report: the new framework for care home visiting in England, an important consultation on capacity in civil litigation, new core ethics guidance from the BMA, and the Circuit Court rolls up its sleeves in Ireland;
5. In the Scotland Report: discrimination narrowly avoided, and a case posing questions about compensation for unlawful detention.

The sharp-eyed amongst you will have noticed that there was no third edition of the informal Court of Protection Law Reports series at the start of this year: this is because there will shortly be announced exciting news about their future – watch this space.

Click below to download the Screen-friendly version of the Report or the Print-friendly version of the Report.

Watch Alex's walkthrough of the Report.

39 Essex Chambers February 2024 Mental Capacity Report Walkthrough from Ruck Keene on Vimeo.