Mental Capacity Report – September 2022
Welcome to the September 2022 Mental Capacity Report. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: Personspecific contact and sexual relations capacity; treatment plans for disordered eating; and updated DoLS statistics.
(2) In the Property and Affairs Report: Electronic billing pilot rolls out.
(3) In the Practice and Procedure Report: Transparency orders; and the BMA opines on s.49 MCA reports.
(4) In the Wider Context Report: Brain stem death testing; deprivations of liberty of young people in Scotland; the CRPD's application in the Battersbee case; foreign convictions; coercive control; litigation capacity; the Care Act considered in the Court of Appeal.
(5) In the Scotland Report: Further updates on Guardians' remuneration and the PKM litigation; nearest relatives; and the MHTS project concludes. 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.
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. We have taken a deliberate decision not to cover all the host of COVID-19 related matters that might have a tangential impact upon mental capacity in the Report. Chambers has created a dedicated COVID-19 page with resources, seminars, and more, here; Alex maintains a resources page for MCA and COVID-19 here, and Neil a page here. If you want more information on the Convention on the Rights of Persons with Disabilities, which we frequently refer to in this Report, we suggest you go to the Small Places website run by Lucy Series of Cardiff University.