Mental Capacity Report – March 2019

Mental Capacity Report – March 2019


CategoryNews Author Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Katharine Scott, Alexander Ruck Keene, Annabel Lee, Nicola Kohn, Katherine Barnes Date

Welcome to the March 2019 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity (Amendment) Bill; capacity and social media; the limits of the inherent jurisdiction (again); and best interests at the end of life;

(2) In the Practice and Procedure Report: an important decision on when it is legitimate summarily to dispose of s.21A applications; litigation capacity in the Court of Protection, Brexit contingency planning; and the launch of the Court of Protection Bar Association;

(3) In the Wider Context Report: CQC guidance on sexuality, litigation friends in the immigration tribunal; Strasbourg on the obligations towards voluntary psychiatric patients; and the Special Rapporteur on the Rights of Persons with Disabilities on ending disability-based deprivation of liberty.

We do not have a Property and Affairs report this month as there are insufficient developments to warrant a standalone report (but see the Practice and Procedure report for an update on the OPG’s mediation pilot). Nor do we have a Scotland report, in part because we are disappointingly unable so far to report further progress on reform of the Adults with Incapacity (Scotland) Act 2000.

You can find all our past issues, our case summaries, and more on our dedicated sub-site here.

You can also find here an updated version of our capacity assessment guide, with the best interests guide also due a refresh in the near future.

Click here for the screen-friendly version of the report

Click here for the print version of the report


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