Mental Capacity Report – February 2022

Mental Capacity Report – February 2022

CategoryNewsletters Author Victoria Butler-Cole KC, Simon Edwards, Neil Allen, Katharine Scott, Nicola Kohn, Arianna Kelly, Rachel Sullivan, Stephanie David, Nyasha Weinberg Date

Welcome to the February 2022 Mental Capacity Report.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: religion and the burdens of treatment; vaccine case law update; and making the decisions the person would have made;

(2) In the Property and Affairs Report: the scope of the powers under an LPA, and updated safeguarding guidance from the OPG;

(3) In the Practice and Procedure Report: vulnerable parties and witnesses, and covert recordings;

(4) In the Wider Context Report: blood transfusions for teenage Jehovah’s Witnesses, s.117 ordinary residence and a new capacity guidance website;

(5) In the Scotland Report: DNACPRs and the relationship between medical decision-making and guardians’ decision, cross-border deprivations of liberty of children and guardians’ remuneration.

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.

Click here for the screen-friendly version of the Report

Click here for the print-friendly version of the Report

Related Barristers

Legal updates

Subscribe to our newsletters, updates and seminars.


Practice Areas


      Call +44 (0)20 7832 1111 for more information

      Barrister portfolio


      Click the + icon next to any barrister to add their profile to this portfolio.

      Barrister Call CV Email