November 2025 39 Essex Chambers Mental Capacity Report now out – and walkthrough

The November 2025 Mental Capacity Report is now out.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: Cheshire West 2, the return of LPS and where the buck stops with termination;

(2) In the Property and Affairs Report: accessing Child Trust Funds and LPA fee increase;

(3) In the Practice and Procedure Report: where (not if) brain stem death testing should take place;

(4) In the Mental Health Matters Report: progress of the Mental Health Bill and the duties owed by AMHPs;

(5) In the Children’s Capacity Report: resources for children transitioning to adult in the palliative context.

(6) In the Wider Context Report: the Terminally Ill Adults (End of Life) Bill before the House of Lords, and CQC despairs at the state of care.

(7) In the Scotland Report: an update on AWI reform.

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

My walkthrough is here:

 

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