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 May 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: Townsend updated, sex before the Court of Protection again, and a profoundly disturbing report on dementia in acute hospitals; In the Property and Affairs Report: new OPG investigation requirements and the consequences thereof; In the Practice and Procedure Report: importance guidance on instructing experts, when habitual residence can be revisited, and a very useful new book on coercive control; In the Mental Health Matters Report: the legal gaps for those in mental health crisis in ED and misunderstandings of the MCA in the [...]
In the Children’s Capacity Report: deprivation of liberty of children in statute and in unregulated placements and what procedural fairness (does) not require in assessment.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 legal gaps for those in mental health crisis in ED and misunderstandings of the MCA in the mental health context. 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: importance guidance on instructing experts, when habitual residence can be revisited, and a very useful new book on coercive control. 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 Health, Welfare and Deprivation of Liberty Report: Townsend updated, sex before the Court of Protection again, and a profoundly disturbing report on dementia in acute hospitals. 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.
Mental Capacity Reports - Compendiums - Newsletters - Scotland - Health, Welfare and Deprivation of Liberty
Welcome to the April 2026 Mental Capacity Report. It takes a different form to normal as our editors’ commitments means that we cannot do more than provide an overview of some key matters, with more to follow (where necessary) in May. We do, however, have a bumper Scotland Report to make up for the lack of such a Report last time – and we would, commend the Scotland report to readers from other jurisdictions as it contains both comparative matters of interest, and research of wider reach than just Scotland. A reminder that we have updated our unofficial update to [...]
Welcome to the March 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: Senior Judge Hilder lays down her baton; attorneys and failures to consult, and a research corner on anorexia and last resort options; In the Property and Affairs Report: new OPG guidance, ‘third sector’ deputyship and a reverse indemnity tangle; In the Practice and Procedure Report: notes from a fireside chat with DDJ Flanagan, and litigation capacity in the absence of subject-matter capacity; In the Mental Health Matters Report: conditional discharge and deprivation of liberty – the new regime, and conditional discharge into hospital; [...]
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