The November 2026 Mental Capacity Reports will soon be with subscribers, but for those who cannot wait, highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: key themes from post-AGNI caselaw to date, and two medical treatment decisions showing doctors getting it right;
(2) In the Property and Affairs Report: self-dealing in the rearview mirror, dismay at deputy delegation and blithe ignorance of the obligations on a deputy as regards settlement of monies;
(3) In the Practice and Procedure Report: personal welfare orders after HB;
(4) In the Mental Health Matters Report: the Mental health conditions, ADHD and autism prevalence review; and Royal College of Psychiatrists on coercion and human rights;
(5) In the Children’s Capacity Report: information-sharing as regards children, and new procedural rules relating to children in ECtHR cases;
(6) In the Wider Context Report: deprivation of liberty before Strasbourg, guidance on eating and drinking at acknowledged risk, and an important change of position relating to Jehovah’s Witnesses;
(7) In the Scotland Report: the death of a Bill that never was, and a new appointment for the Mental Welfare Commission.
The screen-friendly version of the compendium can be found here, and the print-friendly one here.
With huge thanks to Neil Allen, we have set up a running table of post-AGNI cases allowing rapid identification of the types of scenarios being considered, and the results. The case tracker can be found here, a page where we also host an ‘AGNI annex’ summarising and commenting on the cases decided in October.
