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Mental Capacity Law and Policy

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Clair Macfarlane

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Clairmacfarlane

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Recent Posts

Responding appropriately to the physical health needs of those with mental health conditions – a case study
23 October 2026
Barts Health NHS Trust v CG [2026] EWCOP 55 (T3) is a relatively ‘routine’ serious medical treatment case, which Theis J... …Read More »
Experiencing the ‘necessary element’ of coercion – another post-AGNI worked example
23 October 2026
TW v Worcestershire County Council [2026] EWCOP 54 (T2) is a thoughtful ‘worked example’[1] by HHJ Tindal applying AGNI, this... …Read More »
Article 8 protections after AGNI
10 October 2026
In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme... …Read More »
Deciding deprivation of liberty in an “efficient, and relatively speedy” way
3 October 2026
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived... …Read More »
39 Essex Chambers October Mental Capacity Reports
2 October 2026
The October 2026 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation... …Read More »

National Archives Mental Capacity cases

Irwin Mitchell Trust Corporation v PW & Anor 20 October 2026
Barts Health NHS Trust v CG 16 October 2026
NHS Leicester, Leicestershire and Rutland ICB v AA & Ors 15 October 2026
T McManus v British Airways Plc 9 October 2026
Zedra Trust Company (UK) Limited v Graham David Tustain (Section 61) 9 October 2026
Zedra Trust Company (UK) Limited v Graham David Tustain 9 October 2026
PK & MK (Article 8 Protections), Re 8 October 2026
AR & Ors, Re 30 September 2026
D & Anor v K (Illegal Chinese Commercial Surrogacy) 29 September 2026
R v Cheryl McEwan 29 September 2026

National Archives Mental Health Act cases

Zedra Trust Company (UK) Limited v Graham David Tustain 9 October 2026
R v Cheryl McEwan 29 September 2026
YZ v The Secretary of State for the Home Department 24 September 2026
Fiona Hodge & Ors v R 16 September 2026
Darren Osment v R 15 September 2026
E (A Child) (Special Guardianship Order: Public Law Proceedings), Re 10 September 2026
TW v Worcestershire County Council 9 September 2026
R v Stacy Sharples 9 September 2026
DOL, R (on the application of) v Southampton City Council 28 August 2026
R v Ellis Coulson 21 August 2026

Mental Health Law Online updates

Event. LAG: Mental health law update (10 November 2026, online)
Event. LAG: Community Care Conference (London, 9 February 2027)
MHA. Richard Jones, Mental Health Act Manual (29th edn, Sweet and Maxwell 2026)
AGNI guidance. DHSC, 'UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty' (updated, 22 September 2026)
Case (Open justice). Re I (publication of decision) [2026] MHLO 2 (FTT)
Case (Inadequate reasons about statutory criteria). Re I (inadequate reasons) [2025] MHLO 20 (FTT)
Welsh Measure Code. Welsh Government, 'Code of Practice to Parts 2 and 3 of the Mental Health (Wales) Measure 2010' (2012)
English/Welsh differences. Law Society, 'Practice note: Differences in English and Welsh law' (10 September 2026)
Case (Aftercare complaint). London Borough of Islington (LGSCO, 25 019 236)
Case (Delay to discharge). Lancashire County Council (LGSCO, 24 022 487)

Monthly Post Archives

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