Newsletter

Mental Capacity Report - February 2025

Welcome to the February 2025 Mental Capacity Report. Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Report: myth-busting about DoLS and strong words about assessment of capacity of D/deaf people;
  2. In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales;
  3. In the Practice and Procedure Report: litigation capacity and a very clear statement of the ordering of the capacity test, delays in obstetric cases and guidance on neurodiversity before the courts;
  4. In the Mental Health Matters Report: the Mental Health Bill progresses and two important Upper Tribunal cases;
  5. In the (new) Children's Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons;
  6. In the Wider Context Report: The Terminally Ill Adults (End of Life) Bill and capacity, CCTV and care homes, and using the arts to be more creative in capacity assessment;
  7. In the Scotland Report: Scottish Government’s law reform proposals – the consultation responses, and the OPG digitalises.

There is one plug this month, for a free digital trial of the newly relaunched Court of Protection Law Reports (now published by Butterworths).  For a walkthrough of one of the reports, see 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.

 

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