Mental Capacity Reports

In the Wider Context Report: litigation capacity complexities, and recent medical guidance documents concerning consent, voluntarily stopping eating and drinking, and eating disorders and critical care.For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Wider Context Report.

Welcome to the September 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity conundrums in one case and ‘over-litigation’ in a PDOC case; In the Property and Affairs Report: an update from the Property and Affairs Court User Group meeting and the OPG is recruiting lawyers; In the Practice and Procedure Report: the Court of Appeal resets the approach to personal welfare deputies, and cross-border cases involving Scotland; In the Mental Health Matters Report: recent cases concerning the relationship between the MHA and the MCA [...]

In the Scotland Report: a Practice Note that has caused some consternation. 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 Children’s Capacity Report: AGNI and children and the Joint Committee on Human Rights reports on the human rights of children in care. 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: recent cases concerning the relationship between the MHA and the MCA and an excoriating judgment on “detainability;” 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: the Court of Appeal resets the approach to personal welfare deputies, and cross-border cases involving Scotland. 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: an update from the Property and Affairs Court User Group meeting and the OPG is recruiting lawyers. 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: an update on post-AGNI developments, two capacity conundrums in one case and ‘over-litigation’ in a PDOC case. 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.

In the Wider Context Report: litigation capacity complexities, and recent medical guidance documents concerning consent, voluntarily stopping eating and drinking, and eating disorders and critical care.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 Scotland Report: Circumvention and undue influence. 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.