Compendiums

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 [...]

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; [...]

Welcome to the February 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: two tributes following recent deaths of MCA champions, and best interests in the balance; In the Property and Affairs Report: ACC guidance from the OPG and guidance for regulated business on capacity issues; In the Practice and Procedure Report: personal welfare deputies revisited and facilitating access to pro bono representation; In the Mental Health Matters Report: the Mental Health Act 2025 and the Supreme Court considers illegality and insanity; In the Children’s Capacity Report: looked after children and serious medical treatment and a consent [...]

Welcome to the December 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: holding the risk in medical treatment cases; capacity to marry under the spotlight; and mental health conditions, cancer investigation and capacity; In the Property and Affairs Report: the general costs rule in property and affairs cases under pressure, and a guest post on appointeeship; In the Practice and Procedure Report: fact-finding in the Court of Protection and recommendations about mediation in medical treatment disputes; In the Mental Health Matters Report: progress of the Mental Health Bill, community mental health services under pressure and [...]

Welcome to the November 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: Cheshire West 2, the return of LPS and where the buck stops with termination; In the Property and Affairs Report: accessing Child Trust Funds and LPA fee increase; In the Practice and Procedure Report: where (not if) brain stem death testing should take place; In the Mental Health Matters Report: progress of the Mental Health Bill and the duties owed by AMHPs; In the Children’s Capacity Report: resources for children transitioning to adult in the palliative context; In the Wider Context Report: the Terminally Ill Adults [...]

Welcome to the October 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: time-specificity of capacity (again), a Welsh primer on key caselaw and urban myths around s.4B MCA 2005; In the Property and Affairs Report: two guest articles from new members of the Court of Protection on attorney elephant traps; In the Practice and Procedure Report: the purpose of transparency and the length of restrictions, and the contempt consequences of being found to have capacity; In the Mental Health Matters Report: progress of the Mental Health Bill and the CRPD and [...]

Welcome to the September 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: an update on Cheshire West 2, non-withdrawal of treatment in two very different contexts and SCIE sounds the alarm; In the Property and Affairs Report: the OPG annual report and increases to LPA fees; In the Practice and Procedure Report: the Court of Protection (Amendment) Rules 2025, a route map for anorexia cases relating to detained patients, and taking evidence from abroad; In the Mental Health Matters Report: the police, Article 2 and suicide risk, and an evaluation of [...]

Welcome to the July 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: what to do when an advance decision to refuse treatment may be in play, and the consequences of the gaps between services for those with disordered eating; In the Property and Affairs Report: capacity in the rear view mirror: how does the presumption work? In the Practice and Procedure Report: disclosing position statements to observers; habitual residence, moving jurisdictions and ‘lawful authority;’ and the impact on P of being assessed; In the Mental Health Matters Report: progress of the [...]

Welcome to the June 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: the court is not a rubber stamp for clinicians and what does it mean to represent P’s interests; In the Property and Affairs Report: Professional Deputy Costs, and paying drug debts for P; In the Practice and Procedure Report: capacity to conduct proceedings and the costs of inadequate disclosure; In the Mental Health Matters Report: capacity to conduct Tribunal proceeding, and the independent investigation into the care and treatment of Valdo Calocane; In the Children’s Capacity Report: looking at [...]