— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: what to do when an advance decision to refuse treatment may be in play, and the consequences of the gaps between services for those with disordered eating; (2) In the Property and Affairs Report: capacity in the rear view mirror: how does the presumption work?; (3) In the Practice and Procedure Report: disclosing position statements to observers; habitual residence, moving jurisdictions and ‘lawful authority;’ and the impact on P of being assessed; (4) In the Mental Health Matters Report: progress of the Mental Health Bill and the tort consequences of a finding of Not Guilty by Reason of Insanity; (5) In the Children’s Capacity Report: a depressing snapshot from the national DoL court, human rights of children in the social care system and capacity and gender-affirming treatment; (6) In the Wider Context Report: the Oliver McGowan statutory learning disability and autism training, and the pitfalls of facilitated communication (7) In the Scotland Report: joint attorneys in dispute: appropriate remedies and; “If at first you don’t succeed ...”: res judicata in tribunal proceedings."
Full details available at: https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_152,_July_2025)?id=180725-1800