Mental Capacity Report - November 2024

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

1. In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.
2. In the Property and Affairs Report: Senior Judge Hilder reversing reverse indemnities and considering the scope of deputies’ authority in the context of Personal Health Budgets;
3. In the Practice and Procedure Report: costs and delay and capacity in cross-border cases;
4. In the Mental Health Matters Report: the Mental Health Bill is introduced;
5. In the Wider Context Report: Strasbourg suggests that the Supreme Court was wrong in the Maguire case.
6. In the Scotland Report: Scottish Government’s law reform proceeds at breakneck speed, and a symposium for Adrian.

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.

His fellow editors congratulate Alex on his receipt of a Honorary Fellowship of the Royal College of Speech and Language Therapists (and he uses this opportunity to give his usual plug for their vital role as capacity supporters).

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.