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Mental Capacity Law and Policy

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Gail Withnell

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Recent Posts

Assisted dying and Article 2 ECHR – a self-imposed dilemma (and an update on delegated powers)
16 March 2026
Assisted dying and the duty to secure life under Article 2 ECHR With grateful thanks to the Socio-Legal Studies Association... …Read More »
Personal welfare deputies – Lawson and Mottram strikes back?
11 March 2026
Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After... …Read More »
Personal welfare deputies, the Court of Protection and Article 8 ECHR
7 March 2026
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of... …Read More »
Adult safeguarding, Dame Louise Casey and gaps in the law
7 March 2026
Dame Louise Casey, leading an independent commission into adult social care, has recently (3 March) written to the Secretary of... …Read More »
Restraint, learning disability and Seni’s Law – in conversation with Beverley Samways
5 March 2026
In this ‘in conversation’ with Dr Beverley Samways, we talk about the scoping review she has led on to review... …Read More »

National Archives Mental Capacity cases

Nottinghamshire County Council v JW & Anor 19 March 2026
Emerald Josephine Toogood v HM Senior Coroner for the Area of Somerset 17 March 2026
BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor 10 March 2026
Lonan Daniel O'Herlihy v Jennifer Mary Taylor & Anor 9 March 2026
Shah Ali v General Medical Council 6 March 2026
XY, Re 6 March 2026
Purani Swami Dharmanandan Dasji v Daveen Mavji Bhudia & Ors 3 March 2026
Lesley Barnor Townsend v Epsom and St Helier University Hospitals NHS Trust 3 March 2026
EB, R (on the application of) v Director of Legal Aid Casework 25 February 2026
Eesa Mohammed v Adam Ali & Anor 24 February 2026

National Archives Mental Health Act cases

Eagle Care Services Limited v Care Quality Commission 12 March 2026
BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor 10 March 2026
XY, Re 6 March 2026
CGT, R (on the application of) v West Sussex County Council 13 February 2026
R v Adam Culverwell 10 February 2026
MXV, R (on the application of) v The Secretary of State for Home Department 10 February 2026
DB v Humber Teaching NHS Foundation Trust & Anor 5 February 2026
R v Maria Kwiatkowska 4 February 2026
East Riding of Yorkshire Council v The Mother & Ors 2 February 2026
MM,R (on the application of) v Secretary of State for the Home Department 28 January 2026

Mental Health Law Online updates

Case (Participation of patient). DB v Lancashire and South Cumbria NHS Foundation Trust [2026] UKUT 28 (AAC)
Case (JR of legal aid refusal). R (EB) v Director of Legal Aid Casework [2026] EWHC 402 (Admin)
Case (Nurse sex offender). R v Andrew Culverwell [2026] EWCA Crim 203
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 156, December 2025)
Changes to hearing type. Mental Health Tribunal, 'Late applications to change type of hearing (video/face-to-face)' (23 February 2026)
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 158, March 2026)
Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (7 October 2025)
Tribunal book. Edward Jacobs, Tribunal Practice and Procedure (6th edn, LAG 2024)
Victims guidance. Tribunal guidance T118: Victims of violent or sexual offences (February 2026)
Case law update. Jonathan Wilson, 'Mental health case law: update' (Legal Action, June 2025)

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