The July 2025 Mental Capacity Report is now out. Highlights this month include:
(1) 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;
(2) In the Property and Affairs Report: capacity in the rear view mirror: how does the presumption work?;
(3) 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;
(4) In the Mental Health Matters Report: progress of the Mental Health Bill and the tort consequences of a finding of Not Guilty by Reason of Insanity;
(5) In the Children’s Capacity Report: a depressing snapshot from the national DoL court, human rights of children in the social care system and capacity and gender-affirming treatment;
(6) In the Wider Context Report: the Oliver McGowan statutory learning disability and autism training, and the pitfalls of facilitated communication
(7) In the Scotland Report: joint attorneys in dispute: appropriate remedies and; “If at first you don’t succeed …”: res judicata in tribunal proceedings.
The screen-friendly compendium can be found here, and the print-friendly one here.
The progress of the Terminally Ill Adults (End of Life) Bill can be followed on my resources page 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.
A walkthrough is here (with apologies for coughing – still not quite back at full operating temperature):
