Cobb J is shortly to take his position on the Court of Appeal. The decision in Calderdale Metropolitan Borough Council… Read more
Tag: mental capacity
The MCA and Multiple Exclusion Homelessness – a scoping paper walkthrough
In this video, I do a walkthrough of Approaches to the mental capacity assessment of people experiencing multiple exclusion homelessness in… Read more
Mental Capacity Myths – a video explainer
In the context of the Terminally Ill Adults (End of Life) Bill, it has become clear that there are some… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
A Strasbourg shot across the bows for the MCA 2005
The decision of the European Court of Human Rights in ET v Moldova [2024] ECHR 858 is one with ramifications… Read more
Equal Treatment Bench Book – new edition
A new (2024) edition of the Equal Treatment Bench Book (ETBB) has been published. As it notes in the preface: Treating… Read more
Mental Capacity & Homelessness – National Practitioner Survey 2024
[A message on behalf of this brilliant[1] project: Use of the Mental Capacity Act 2005 with people experiencing multiple exclusion… Read more
Capacity in civil proceedings consultation – help wanted (urgently!)
The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which is shortly… Read more
Capacity in context – a paradigm case
A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more