39 Essex Chambers March 2026 Mental Capacity Report and walkthrough

The March 2026 report is now out.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: Senior Judge Hilder lays down her baton; attorneys and failures to consult, and a research corner on anorexia and last resort options.

(2) In the Property and Affairs Report: new OPG guidance, ‘third sector’ deputyship and a reverse indemnity tangle;

(3) In the Practice and Procedure Report: notes from a fireside chat with DDJ Flanagan, and litigation capacity in the absence of subject-matter capacity;

(4) In the Mental Health Matters Report: conditional discharge and deprivation of liberty – the new regime, and conditional discharge into hospital;

(5) In the Children’s Capacity Report: parental responsibility and confinement – the need for an appellate judgment;

(6) In the Wider Context Report: assisted dying / assisted suicide update, Strasbourg’s latest word on withdrawing life-sustaining treatment and mental capacity reform in New Zealand.

The screen-friendly compendium can be found here, and the print-friendly here.

Circumstances beyond our control mean that we do not have a Scottish report this time.

A reminder that we have updated our unofficial update to the MCA / DoLS Codes of Practice, available here, and that, whilst Chambers have launched a new and zippy version of our website, all the content that you might need – our Reports, our case-law summaries, and our guidance notes – can still be found via here.

A walkthrough of the Report is here:

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