Mental Capacity Report – February 2026

Welcome to the February 2026 Mental Capacity Report. Highlights this month include:

1. In the Health, Welfare and Deprivation of Liberty Report: two tributes following recent deaths of MCA champions, and best interests in the balance;
2. In the Property and Affairs Report: ACC guidance from the OPG and guidance for regulated business on capacity issues;
3. In the Practice and Procedure Report: personal welfare deputies revisited and facilitating access to pro bono representation;
4. In the Mental Health Matters Report: the Mental Health Act 2025 and the Supreme Court considers illegality and insanity;
5. In the Children’s Capacity Report: looked after children and serious medical treatment and a consent confusion around DNACPR;
6. In the Wider Context Report: cannabis, criminality and capacity – a Jersey perspective;
7. In the Scotland Report: a guest post from the Minister responsible for AWI reform and the Scottish perspective on treatment refusal by children.

We have also updated our unofficial update to the MCA / DoLS Codes of Practice, available here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also sign up to the Mental Capacity Report.