# Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 129, February 2023)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-129-february-2023/1496>\
**Category:** MHLO updates\
**Created:** [27 February 2023 22:08 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-129-february-2023/1496 "2023-02-27T22:08:32Z")\
**Posts on this page:** 1\
**Page:** 1

<div class="post-metadata">

**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Post date:** [27 February 2023 22:08 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-129-february-2023/1496/1 "2023-02-27T22:08:32Z")

</div>

— Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: is depriving a person of their phone depriving them of their liberty, a reminder that the court is the ultimate arbiter of best interests and an Ombudsman comes belatedly to the rescue; (2) In the Property and Affairs Report: a reminder of the new process for applying for deputyship and how the Powers of Attorney Bill would amend the MCA 2005; (3) In the Practice and Procedure Report: the Vice-President intervenes on s.49 reports and new contempt rules; (4) In the Wider Context Report: Parliamentary consideration of the draft Mental Health Bill, a toolkit for supporting decision-making, and confidentiality and common sense; (5) In the Scotland Report: the Supreme Court dismisses an appeal against assessment for services and an opposed application for guardianship.

* * *
Full details available at: [https://www.mentalhealthlaw.co.uk/39\_Essex\_Chambers,\_%27Mental\_Capacity\_Report%27\_(issue\_129,\_February\_2023)?id=270223-2159](https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_129,_February_2023)?id=270223-2159)
