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Mental Capacity Law and Policy

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Cecile Yates

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Recent Posts

Book Review: János Fiala-Butoria, Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities: Supporting the Legal Capacity of All Persons with Disabilities
29 October 2025
Book Review: János Fiala-Butoria, Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities: Supporting the... …Read More »
Deprivation of liberty update – the Supreme Court, DHSC and CQC
26 October 2025
Three important developments, on different timelines, have occurred in relation to deprivation of liberty. The first development is the publication... …Read More »
Termination, best interests and where the buck stops
15 October 2025
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a... …Read More »
39 Essex Chambers October 2025 Mental Capacity Report and walkthrough
4 October 2025
Welcome to the October 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report:... …Read More »
Motability, contracts and deputies
30 September 2025
[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a... …Read More »

National Archives Mental Capacity cases

Adam Clive Scott v The Estate of Richard Norman Scott & Ors 29 October 2025
Medway Council v M & Anor (Assessment of capacity) 22 October 2025
A London NHS Trust v DT & Ors (Brain Stem Testing) 21 October 2025
Fiona Burgess v Julie Elizabeth Whittle & Anor 16 October 2025
KP (Termination of Pregnancy), Re 13 October 2025
Steven Maile & Anor v Ruth Elizabeth Maile & Ors 6 October 2025
Andrew Morris Jenkins & Anor v Sarah Caroline Ingham Evans 3 October 2025
Carl Gardner, Deceased (Duration of Transparency Order), Re 24 September 2025
Darlington Borough Council v AW & Ors 22 September 2025
Lioubov Macpherson v Sunderland City Council 9 September 2025

National Archives Mental Health Act cases

Adam Clive Scott v The Estate of Richard Norman Scott & Ors 29 October 2025
Khamba & Ors v Harrow London Borough Council & Ors 29 October 2025
Medway Council v M & Anor (Assessment of capacity) 22 October 2025
Andrew Breeze & Anor v Chief Constable of Norfolk Constabulary 17 October 2025
Sean McDwyer v Zadar Municipal Court (Croatia) 17 October 2025
Abbotsley Limited & Anor v Pheasantland Limited & Ors 13 October 2025
Steven Maile & Anor v Ruth Elizabeth Maile & Ors 6 October 2025
Avista Limited v Care Quality Commission 6 October 2025
Rohit Kulkarni v Gwent Holdings Limited & Anor 26 September 2025
Darlington Borough Council v AW & Ors 22 September 2025

Mental Health Law Online updates

T129. T129: Your rights to legal representation and to see the tribunal doctor (09.25)
T111. Form T111: Referral to First-tier Tribunal (Mental Health) (09.25)
Job advert. DAC Beachcroft, Bristol - Court of Protection solicitor/associate (listed until 31 January 2026).
MHCS update. Ministry of Justice, 'Mental Health Casework Section stakeholder update' (October 2025)
Case (Suicide of detained patient). Saranveer Sihota: Chesterfield Borough Council (PFD report, 23 October 2025)
Tribunal victims guidance. Practice Guidance on procedure for handling representations from victims in the mental health jurisdiction of the HESC chamber (Practice guidance no 2 of 2025, 27 May 2025)
Overseas witnesses and observers. HESC, 'Taking oral evidence from abroad and representatives and observers appearing from abroad' (Presidential Guidance Note No 1 of 2022, September 2022)
T144. Form T144: Victim representations and Victim Impact Statement (09.25)
T114. Form T114: Witness expenses and guidelines (09.25)
T128. Form T128: Options for your tribunal referral hearing - community patients (09.25)

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