Mental Capacity Reports

Our Mental Capacity Reports (formerly our Mental Capacity Newsletters) have provided authoritative summaries and commentaries upon all matters mental capacity related since Victoria Butler-Cole KC and Alex Ruck Keene KC (Hon) established them in 2010. The links below take you to the full versions (‘compendiums’) or the specific tailored reports covering particular areas of interest. You will also find our series of headnoted reports of particularly significant cases, launched in April 2023. To sign up to the reports or case reports, for free, please click on the link at the bottom of the page.

  • Welcome to the June 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case; In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity; In the Practice and Procedure Report: the Court of Appeal resets transparency; In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online; In the Children’s Capacity Report: overseeing consent; In the Wider Context Report: well-being and wishes, [...]

  • In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Mental Health Matters Report.

  • In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Property and Affairs Report.

  • In the Scotland Report: Scottish reactions to AGNI. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Mental Capacity Report: Scotland.

  • In the Wider Context Report: well-being and wishes, and capacity and divorce.For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Wider Context Report.

  • In the Children’s Capacity Report: overseeing consent. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Children's Capacity Report.

  • In the Practice and Procedure Report: the Court of Appeal resets transparency. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case; For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Health, Welfare and Deprivation of Liberty Report.

  • In the Property and Affairs Report:  new OPG investigation requirements and the consequences thereof. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Property and Affairs Report.

  • Welcome to the May 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: Townsend updated, sex before the Court of Protection again, and a profoundly disturbing report on dementia in acute hospitals; In the Property and Affairs Report: new OPG investigation requirements and the consequences thereof; In the Practice and Procedure Report: importance guidance on instructing experts, when habitual residence can be revisited, and a very useful new book on coercive control; In the Mental Health Matters Report: the legal gaps for those in mental health crisis in ED and misunderstandings of the MCA in the [...]

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