Mental Capacity Report – October 2017

Mental Capacity Report – October 2017

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 October 2017 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: serious medical treatment cases and the involvement of the CoP, family members and Rule 3A and DoLS before the European Court of Human Rights;

(2) In the Property and Affairs Report: financial abuse at home and tools to combat financial scamming;

(2) In the Practice and Procedure Report: a transparency update, a guest article on welfare cases in practice before the CoP and a problematic case on capacity thresholds and the inherent jurisdiction;

(3) In the Wider Context Report: the LGO and the MCA 2005, an update on the assisted dying challenge, the Mental Health Act review and guidance for enabling serious ill people to travel;

(4) In the Scotland Report: the Scottish Public Guardian on powers of attorney problems and a sideways judicial look at the meaning of support.

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.

We also take this opportunity to welcome Katie Scott to the editorial team!

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

Click here to download 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