Mental Capacity Report – March 2018

Mental Capacity Report – March 2018

CategoryNews Author Victoria Butler-Cole KC, Alex Ruck Keene KC (Hon), Simon Edwards, Neil Allen, Katharine Scott, Annabel Lee, Nicola Kohn Date

Welcome to the March 2018 Mental Capacity Report. A combination of the January report coming out late in the month, the shortness of February, and the diversion of most of the editors to the Supreme Court in the Y case, means that we have had no February report, but are now firmly back on track.

Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: Re Y update, constructing a best interests decision in practice and the JCHR inquiry into DOLS reform;

(2) In the Property and Affairs Report: Banks v Goodfellow resurgens, trust corporations and appointees under the microscope;

(2) In the Practice and Procedure Report: Baker J on Charles J and Sir James Munby, children, confinement and judicial
authorisation and the problems of litigants in persons;

(3) In the Wider Context Report: the MCA Action day, immigration detention and access to court for those with impaired capacity and international developments of relevance to capacity law reform;

(4) In the Scotland Report: the Scottish Government consultation on the Adults with Incapacity Act, and a round-up of recent
relevant case-law;

You can find all our past issues, our case summaries, and more on our dedicated sub-site here, and our one-pagers of key cases on the SCIE website.

Click here to download the screen-friendly version of the report. 

Click here to download the print version. 

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