Mental Capacity Report - November 2022

Welcome to the November 2022 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: When it is in a person’s best interests to end restraint which is necessary to keep them alive; and removing silos from capacity in substance and procedure.

(2) In the Practice and Procedure Report: A plethora of developments around transparency, reporting restrictions and closed hearings.

(3) In the Wider Context Report: Morahan in the Court of Appeal; Updated RCN guidance on sex and sexuality in care homes; and the relationship between clinical guidelines and negligence.

(4) In the Scotland Report: An imperative to reform mental health law; and the Hague Convention on the International Protection of Adults.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also find updated versions of both our capacity and best interests guides.

Click here for the screen-friendly version of the Report

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