The December 2024 Mental Capacity Report will shortly be making its way to subscribers’ inboxes. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal grapples again with sexual capacity, and important reminders of best interests as good governance and operating in an imperfect world.
(2) In the Property and Affairs Report: Simon Edwards retires, and deputyship updates;
(3) In the Practice and Procedure Report: flight risk, and a coercive control dilemma regarding a lasting power of attorney;
(4) In the Mental Health Matters Report: a Mental Health Bill update, detainability and the courts, and Right Care, Right Person under scrutiny;
(5) In the Wider Context Report: Assisted dying / assisted suicide developments, capacity and surrogacy and two important Strasbourg cases;
(6) In the Scotland Report: Kirsty Mcgrath retires, and a blank space for developments regarding legislative reform in Scotland.
The print-friendly compendium can be found here, and the screen-friendly one here.
There is one plug this month, for a free digital trial of the newly relaunched Court of Protection Law Reports (now published by Butterworths. For a walkthrough of one of the reports, see 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.
Her fellow editors know that you will join us in congratulating Arianna on her recent appointment as a Recorder: she will sit in Family cases on the North Eastern circuit (alongside sitting as a fee-paid First-Tier Tribunal judge, (Mental Health) and fee-paid Court of Protection judge).
As is now standard, there will be no January report (but I will give essential updates on my website; we hope that at least some of you will get something of a break over the December period.
A walkthrough of the Report is here:
