Mental Capacity Reports

Our Mental Capacity Reports (formerly our Mental Capacity Newsletters) have provided authoritative summaries and commentaries upon all matters mental capacity related since Victoria Butler-Cole KC and Alex Ruck Keene KC (Hon) established them in 2010. The links below take you to the full versions (‘compendiums’) or the specific tailored reports covering particular areas of interest. You will also find our series of headnoted reports of particularly significant cases, launched in April 2023. To sign up to the reports or case reports, for free, please click on the link at the bottom of the page.

  • Welcome to the November 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: key themes from post-AGNI caselaw to date, and two medical treatment decisions showing doctors getting it right; In the Property and Affairs Report: self-dealing in the rearview mirror, dismay at deputy delegation and blithe ignorance of the obligations on a deputy as regards settlement of monies; In the Practice and Procedure Report: personal welfare orders after HB; In the Mental Health Matters Report: the Mental health conditions, ADHD and autism prevalence review; and Royal College of Psychiatrists on coercion [...]

  • In the Scotland Report: the death of a Bill that never was, and a new appointment for the Mental Welfare Commission. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Mental Capacity Report: Scotland.

  • In the Wider Context Report: deprivation of liberty before Strasbourg, guidance on eating and drinking at acknowledged risk, and an important change of position relating to Jehovah’s Witnesses.For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Wider Context Report.

  • In the Children’s Capacity Report: information-sharing as regards children, and new procedural rules relating to children in ECtHR cases. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Children's Capacity Report.

  • In the Mental Health Matters Report: the Mental health conditions, ADHD and autism prevalence review; and Royal College of Psychiatrists on coercion and human rights. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Mental Health Matters Report.

  • In the Practice and Procedure Report: personal welfare orders after HB. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Property and Affairs Report: self-dealing in the rearview mirror, dismay at deputy delegation and blithe ignorance of the obligations on a deputy as regards settlement of monies. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Property and Affairs Report.

  • In the Health, Welfare and Deprivation of Liberty Report: key themes from post-AGNI caselaw to date, and two medical treatment decisions showing doctors getting it right. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Health, Welfare and Deprivation of Liberty Report.

  • Welcome to the October 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: capacity, presumptions and the Care Act 2014; and the most comprehensive first instance ‘run’ at AGNI so far; In the Property and Affairs Report: deputies and direct payments, and the Court of Protection and the validity of wills; In the Practice and Procedure Report: the AGNI effect starts to show in the statistics; In the Mental Health Matters Report: HSSIB’s investigation into mental health care in the emergency department; In the Children’s Capacity Report: desperate deprivation of liberty and [...]

  • In the Scotland Report: what listening to children tells us about listening to adults. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Mental Capacity Report: Scotland.

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