# Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 163, July 2026)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-163-july-2026/6078>\
**Category:** MHLO updates\
**Created:** [3 September 2026 13:02 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-163-july-2026/6078 "2026-09-03T13:02:00Z")\
**Posts on this page:** 1\
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**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:** [3 September 2026 13:02 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-capacity-law-newsletter-39-essex-chambers-mental-capacity-report-issue-163-july-2026/6078/1 "2026-09-03T13:02:00Z")

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— “Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity conundrums in one case and ‘over-litigation’ in a PDOC case; (2) In the Property and Affairs Report: an update from the Property and Affairs Court User Group meeting and the OPG is recruiting lawyers; (3) In the Practice and Procedure Report: the Court of Appeal resets the approach to personal welfare deputies, and cross-border cases involving Scotland; (4) In the Mental Health Matters Report: recent cases concerning the relationship between the MHA and the MCA and an excoriating judgment on “detainability;” (5) In the Children’s Capacity Report: AGNI and children and the Joint Committee on Human Rights reports on the human rights of children in care; (6) In the Wider Context Report: litigation capacity complexities, and recent medical guidance documents concerning consent, voluntarily stopping eating and drinking, and eating disorders and critical care; (7) In the Scotland Report: a Practice Note that has caused some consternation.”

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Full details available at: [https://www.mentalhealthlaw.co.uk/39\_Essex\_Chambers,\_%27Mental\_Capacity\_Report%27\_(issue\_163,\_July\_2026)?id=030926-1302](https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_163,_July_2026)?id=030926-1302)