Mental Capacity Report – September 2025

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

1. In the Health, Welfare and Deprivation of Liberty Report: an update on Cheshire West 2, non-withdrawal of treatment in two very different contexts and SCIE sounds the alarm;
2. In the Property and Affairs Report: the OPG annual report and increases to LPA fees;
3. In the Practice and Procedure Report: the Court of Protection (Amendment) Rules 2025, a route map for anorexia cases relating to detained patients, and taking evidence from abroad;
4. In the Mental Health Matters Report: the police, Article 2 and suicide risk, and an evaluation of the HOPE(S) programme;
5. In the Children’s Capacity Report: Gillick does not provide a universal test, and jurisdictional issues in the making of deprivation of liberty and wardship orders;
6. In the Wider Context Report: anonymity, vulnerability and the open justice principle, and learning disability and social murder;
7. In the Scotland Report: an apparently open and shut guardianship case and an update on Adults with Incapacity Act reform.

The progress of the Terminally Ill Adults (End of Life) Bill can be followed on Alex’s resources page 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.