Mental Capacity Report – November 2018

Mental Capacity Report – November 2018

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

Welcome to the November 2018 Mental Capacity Report, including from the newest recruit to the editorial team, Katherine Barnes. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity (Amendment) Bill; sex, risk and public anxiety; and a slew of significant decisions relating to medical treatment;

(2) In the Practice and Procedure Report: Sir James Munby addresses the LAG Community Care Conference and updates from the Court Users Group;

(3) In the Wider Context Report: relevant developments from around the world, including an important decision from Australia reflecting back on practice under the MCA;

(4) In the Scotland Report: a report from the World Guardianship Congress, and the impact in Scotland of an important case concerning disability discrimination and autism.

There is no Property and Affairs Report this month as our editor is having a well-earned break; but he would relay to you if here the frustrating news of the delay to the Law Commission’s project on wills.

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

Click here for the screen-friendly version of the report

Click here for the print version of the report

Related Barristers

Legal updates

Subscribe to our newsletters, updates and seminars.


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