— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: myth-busting about DoLS and strong words about assessment of capacity of D/deaf people; (2) In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales; (3) In the Practice and Procedure Report: litigation capacity and a very clear statement of the ordering of the capacity test, delays in obstetric cases and guidance on neurodiversity before the courts; (4) In the Mental Health Matters Report: the Mental Health Bill progresses and two important Upper Tribunal cases; (5) In the (new) Children’s Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons; (6) In the Wider Context Report: The Terminally Ill Adults (End of Life) Bill and capacity (including whether there really is a ‘sliding scale’), CCTV and care homes, and using the arts to be more creative in capacity assessment; (7) In the Scotland Report: Scottish Government’s law reform proposals – the consultation responses, and the OPG digitalises."
Full details available at: https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_147,_February_2025)?id=050225-1137