Mental Capacity Report – July 2026

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

1. In the Health, Welfare and Deprivation of Liberty Report: Permission to appeal granted in Townsend; post-AGNI guidance; and a new Guidance Note on Capacity for Care Providers
2. In the Property and Affairs Report: Statutory wills; charging for being an appointee; and guidance on assessing financial capacity
3. In the Practice and Procedure Report: Court of Protection and child deprivation of liberty statistics; court fees rising; reasons challenges in the Court of Protection; medical treatment cases – whether to issue, and the consequences of waiting too long
4. In the Mental Health Matters Report: EU Recommendation of the Committee of Ministers to member States on respect for autonomy in mental healthcare
5. In the Children’s Capacity Report: A CAMHS psychiatrist’s view on child deprivation of liberty cases – and what interventions can help to break the ‘vicious cycle’ of restrictions and institutionalisation
6. In the Wider Context Report: Adult social care reform; the Muckamore Abbey Inquiry Report is published; and what becomes of solicitors whose clients lacked capacity
7. In the Scotland Report: Circumvention and undue influence

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.