39 Essex Chambers October Mental Capacity Reports

The October 2026 Mental Capacity Reports are now out.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: capacity, presumptions and the Care Act 2014; and the most comprehensive first instance ‘run’ at AGNI so far;

(2) In the Property and Affairs Report: deputies and direct payments, and the Court of Protection and the validity of wills;

(3) In the Practice and Procedure Report: the AGNI effect starts to show in the statistics;

(4) In the Mental Health Matters Report: HSSIB’s investigation into mental health care in the emergency department;

(5) In the Children’s Capacity Report: desperate deprivation of liberty and consenting to confinement;

(6) In the Wider Context Report: Anglo-Welsh legal differences and asserting your own capacity;

(7) In the Scotland Report: what listening to children tells us about listening to adults.

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

A reminder that that whilst Chambers have launched a new and zippy version of our website which may look unfamiliar, all the content that you might need – our Reports, our case-law summaries, and our guidance notes – can still be found via here.

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