Mental Capacity Reports

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.

In the Wider Context Report: Anglo-Welsh legal differences and asserting your own capacity.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: desperate deprivation of liberty and consenting to confinement. 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: HSSIB’s investigation into mental health care in the emergency department. 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 AGNI effect starts to show in the statistics. 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: deputies and direct payments, and the Court of Protection and the validity of wills. 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: capacity, presumptions and the Care Act 2014; and the most comprehensive first instance ‘run’ at AGNI so far. 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.

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 [...]