Welcome to the October 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report:… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Motability, contracts and deputies
[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more
How to draft an assisted dying law – a governmental perspective from Jersey
As many will know, by contrast to the position in England and Wales (and indeed Scotland), moves towards legislating for… Read more
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
The CRPD, the state and civil society – in conversation with Professor Peter Bartlett
In this ‘in conversation with,’ I talk to Professor Peter Bartlett about his article “Beyond the liberal subject: challenges in… Read more
Wishing won’t make it so – urban myths around s.4B MCA 2005
I was contacted, again, by a health care professional who had been told with complete confidence that the new version… Read more
Anticipating the reasonableness of responses – time-specific capacity in action
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more
The Court of Protection: a Welsh language primer in key caselaw
TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more
Disabled Children’s Social Care – a walkthrough of the recommendations
The Law Commission’s Disabled Children’s Social Care project – on which I was a consultant – published its final report… Read more
Court of Protection Handbook 5th edition – and updated website
The new (2025, 5th) edition of the Court of Protection Handbook is now available, and accompanying website has been updated… Read more