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Mental Capacity Law and Policy

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Heather Ricketts

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Recent Posts

Law Commission 14th programme of law reform – and a vulnerable adults project on the horizon?
14 September 2025
The Law Commission of England & Wales published its 14th programme of law reform on 4 September – i.e. its... …Read More »
39 Essex Chambers Mental Capacity Report September 2025 (and walkthrough)
3 September 2025
The September 2025 Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty... …Read More »
SCIE sounds the alarm on MCA reform
27 August 2025
The Social Care Institute for Excellence is not normally an alarmist body, which makes its recent (26 August 2025) statement... …Read More »
“There are more things in heaven and earth that are dreamt of in the philosophy of NHS treatment” – a Court of Protection story
14 August 2025
The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA... …Read More »
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
2 August 2025
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of... …Read More »

National Archives Mental Capacity cases

Lioubov Macpherson v Sunderland City Council 9 September 2025
BRO, R (on the application of) v Secretary of State for the Home Department 26 August 2025
W, Re: Capacity to Engage in Sexual Relations & Marry 26 August 2025
The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment) 12 August 2025
London Borough of X v Mrs Z & Anor 31 July 2025
TLA v Chelsea and Westminster NHS Foundation Trust 29 July 2025
G, Re (A Child) 28 July 2025
St George’s University Hospitals NHS Foundation Trust v MN 28 July 2025
DP v The London Borough of Lambeth 25 July 2025
D1914 & Anor, R (on the application of) v Secretary of State for the Home Department 21 July 2025

National Archives Mental Health Act cases

Arion Kurtaj v R 11 September 2025
ER v NT (Need for fact finding hearing) 27 August 2025
BRO, R (on the application of) v Secretary of State for the Home Department 26 August 2025
Noel Anthony Clarke v Guardian News and Media Limited 22 August 2025
Fatheya Ali, R (on the application of) v HM Assistant Coroner for Inner North London 12 August 2025
SA v The Secretary of State for the Home Department 1 August 2025
Patricia's Father & Ors v Patricia (by her litigation friend, the Official Solicitor) & Ors 31 July 2025
Gwladys Fertré v Vale of White Horse District Council 31 July 2025
London Borough of X v Mrs Z & Anor 31 July 2025
St George’s University Hospitals NHS Foundation Trust v MN 28 July 2025

Mental Health Law Online updates

Case (Committal proceedings). Torbay Council v Bench [2023] EWCOP 75 (T2)
COPUG minutes. COP User Group, 'Meeting (P and A): Minutes and action points' (9 July 2025)
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 153, September 2005)
Event. Court of Protection User Group: General meeting (online, 22 October 2025)
MHCS update. Ministry of Justice, 'Mental Health Casework Section stakeholder update' (July 2025)
Mental capacity law consultation. Law Commission, 'Mentally incapacitated adults and decision-making: A new jurisdiction' (Law Com No 128, 1993)
Mental capacity law consultation. Law Commission, 'Mentally Incapacitated Adults and Decision-Making: An Overview' (Law Com No 119, 1991)
Event. PELT: Introduction to the MHA, Code and Tribunals (online, 12 November 2025)
Event. PELT: Becoming an MHA Administrator - the Basics (online, 20 November 2025)
Event. PELT: Introduction to MCA and Deprivation of Liberty (online, 27 November 2025)

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