December 2021 Mental Capacity Reports

The December 2021 Mental Capacity Report will shortly be making its way to subscribers.  The walkthrough is here:

Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: the Supreme Court takes on capacity, learning to learn, and capacity and illicit substances;

(2) In the Practice and Procedure Report: the Court of Appeal’s concern about judicial visits, and reporting restrictions and accountability;

(3) In the Wider Context Report: Parole Board guidance on mental capacity, and how consumer law can help navigate care home dilemmas;

(4) In the Scotland Report: a truly shocking report of institutional inhumanity, and the extent of incapacitation under s.67 of the Adults with Incapacity Act 2000.

Because there’s not a huge amount to report, there is no Property and Affairs Report this month.  However, a reminder of this consultation currently underway, closing on 12 January 2022 about third-party access to limited funds.  Dr Lucy Series has provided an excellent overview of the consultation here.

The compendium issue is here, and the screen-friendly version here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also find updated versions of both our capacity and best interests guides.

You may notice some changes next year, as coordination duties are being taken over by Arianna Kelly whilst I am on sabbatical, but rest assured that the Reports will remain a one-stop shop for all the capacity news which is fit to print.

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