39 Essex Chambers June 2025 Mental Capacity Report

With huge thanks to Arianna Kelly for editing this in my temporarily incapacitated state, and apologies that technical issues means that this has come out a bit late, the June report is now out. Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Report: the court is not a rubber stamp for clinicians and what does it mean to represent P’s interests;
  2. In the Property and Affairs Report: Professional Deputy Costs, and paying drug debts for P;
  3. In the Practice and Procedure Report: capacity to conduct proceedings and the costs of inadequate disclosure;
  4. In the Mental Health Matters Report: capacity to conduct Tribunal proceedings and the independent investigation into the care and treatment of Valdo Calocane;
  5. In the Children’s Capacity Report: looking at other options before using the inherent jurisdiction to authorize a deprivation of liberty;
  6. In the Wider Context Report: what happens if you never had litigation capacity and new books;
  7. In the Scotland Report: AWI reform and the UK Protocol on Judicial Cooperation.

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.

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