The February 2026 Mental Capacity Reports are now out. 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.
The print friendly Compendium is here, and the screen-friendly one here.
We have also updated our unofficial update to the MCA / DoLS Codes of Practice, available here.
A walkthrough of the Report is here
Chambers have launched a new and zippy version of our website. But don’t worry, all the content that you might need – our Reports, our case-law summaries, and our guidance notes – can still be found via here. We know (flatteringly) that many of our materials are embedded on websites; the old links should automatically redirect to the new page, but do please let us know if you encounter difficulties. This is also perhaps a useful opportunity to flag that it is always best to link to the webpage which houses a guidance note, rather than a PDF of the guidance note, as we update them regularly, and linking to the PDF may inadvertently trap you in a time warp.
