Mental Capacity Guidance Notes

This guidance note provides those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment,... Read more  

This guidance note sits alongside our guidance note on carrying out and recording capacity assessments, and is designed to assist social workers and those working in frontline clinical settings when they asked to consider a person's capacity to make ... Read more  

This guidance has been superseded. For the current version see here.  Read more  

The Court of Protection team has been asked to advise on a number of occasions as to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as m... Read more  

This guidance note provides for social workers and those working in front-line settings an overview of the inherent jurisdiction of the High Court as it applies to adults.It sets out (a) when it is appropriate to seek to obtain orders from the High C... Read more  

This guidance has been superseded. For the current version see here. Read more  

This note has been written by the 39 Essex Chambers public law team in response to some of the many queries we have had about the implications of the Coronavirus Act 2020. It is not a comprehensive review - legal advice will need to be sought in resp... Read more  

The law governing the deprivation of a person's liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and... Read more  

This guidance note sets out the key considerations to be applied when assessing the ordinary residence of a person who is mentally incapable of forming a settled intention where to live.  It has been updated to reflect the new guidance from the Depar... Read more  

This purpose of this guidance note is to outline the core obligations identified in the case-law relating to ex parte (without notice) applications. It is designed above all for legal representatives appearing before the Court of Protection, but will... Read more