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The fourth issue of the International Journal of Mental Health and Capacity Law (volume 23) contains the following: (1) Editorial (Jill Stavert); (2) Decision-making capacity and the Victorian Mental Health Tribunal Christopher Maylea, Christopher James Ryan); (3) What makes a 'good' conference from a service user perspective? (Sarah Gordon, Kris Gledhill); (4) Why futile and unwanted life-prolonging treatment continues for some patients in permanent vegetative states (and what to do about it): Case study, context and policy recommendations (Jenny Kitzinger, Celia Kitzinger); (5) Review: Melbourne Social Equity Institute, 'Unfitness to Plead and Indefinite Detention of Persons with Cognitive Disabilities'; and Justice, 'Mental Health and Fair Trial' (Kris Gledhill).

The fifth issue of the International Journal of Mental Health and Capacity Law (volume 24) contains the following: (1) Editorial (Daniel Wang, Alex Ruck Keene, Ruth Fletcher, Catherine Penny, Richard Ashcroft); (2) Letters to the Editor: (a) Rejoinder (Response to article by Christopher Maylea and Christopher Ryan) (Matthew Carroll); (b) Response to Carroll, President of the Victorian Mental Health Tribunal (Christopher Maylea, Christopher James Ryan); (3) The 'Tricky Dance' of Advocacy: A study of non-legal Mental Health Advocacy (Wanda Bennetts, Christopher Maylea, Brian McKenna, Helen Makregiorgos); (4) The Right to Independent Living and being included in the Community: Lessons from the United Nations (Piers Gooding); (5) Psychosocial Disability and Deprivation of Liberty: Reviewing the case of Qatar in the light of the Convention on the Rights of Persons with Disabilities (Patricia Cuenca Gómez, María del Carmen Barranco Avilés, Pablo Rodríguez del Pozo).

This web page reports on a claim against Kings College Hospital in which the High Court held that there had been a failure to follow the DOLS requirements to undertake a full capacity assessment and, if appropriate, a best interests assessment, and that the hospital had intentionally kept the family in the dark about Christiana Esegbona's discharge to a nursing home until the last minute in order to prevent objection. The claim for false imprisonment and for negligent failures to provide adequate information to the nursing home (at which the patient died after pulling out her tracheostomy tube) was successful, and the court awarded aggravated damages because of the deliberate exclusion of the family from the discharge planning process.

This article summarises case law from the previous 12 months, and provides practical advice for local authority applicants. The cases referred to in the document above are: Re F [2009] EWHC B30 (Fam), KD and LD v LB Havering [2009] EW Misc 7 (EWCOP), LB Enfield v SA [2010] EWHC 196 (Admin), Independent News and Media Ltd v A [2010] EWCA Civ 343, Re P [2009] EWHC 163 (Ch), Dorset CC v EH [2009] EWHC 784 (Fam), Re Allen (2009) COP 21/7/09, DCC v KH (2009) COP 11729380, Salford City Council v BJ [2009] EWHC 3310 (Fam), G v E [2010] EWHC 621 (Fam), Re Brammall; W Primary Care Trust v TB [2009] EWHC 1737 (Fam), GJ v The Foundation Trust [2009] EWHC 2972 (Fam), R v C [2009] UKHL 42, Re MAB; X City Council v MB [2006] EWHC 168 (Fam), Re SA; A Local Authority v MA [2005] EWHC 2942 (Fam), Re JK (unreported, July 2009), Re P and OM (2008) COP 26/11/08.

This series of law reports will cover cases which contain an authorative interpretation of the MCA or address a point of practice or procedure of wider significance. The cases in this issue are: (1) North Bristol NHS Trust v R [2023] EWCOP 5, [2023] 39ECMCR 1; (2) A Local Authority v PG & Ors [2023] EWCOP 9^B, [2023] 39ECMCR 2.

"To start off, we cover a number of important English cases including the first contested decision upon the Court of Protection’s powers to consider hypothetical options; an important decision of the President on the Court’s international jurisdiction; a decision exemplifying the power of advance statements; and clarification upon the proper procedure to follow when seeking to commit for contempt in the CoP. We also provide coverage of what actually happened in the ‘forced C-section’ case, together with a note on an eagerly anticipated decision of the Court of Appeal relating to the duties of litigation friends which in the end was a complete non-starter. We also cover developments in practice and procedure including the abolition of the Official Solicitor’s waiting list for welfare cases and a significant consultation on civil court fees which proposes sweeping changes to the CoP fee structure. Amongst other Parliamentary business we cover the last evidential session of the House of Lords Select Committee considering the MCA 2005, hearing from Lord McNally and Norman Lamb MP. We also highlight in particular the new and important guidance from the Royal College of Physicians on Prolonged Disorders of Consciousness."

"From England, undoubtedly the most important decision is that of the Court of Appeal in IM v LM, AB and Liverpool City Council, providing the first answer at appellate level to the very vexed question of whether capacity to consent to sexual relations is person- or act-specific. The decision in RC v CC is of considerable significance for its authoritative discussion of the principles governing non-disclosure in the Court of Protection. The decision in Re UF, trailed last month, provides important guidance as to the circumstances under which it is appropriate for a family member to act as litigation friend for P, along with recording significant concessions from the Ministry of Justice as to public funding in cases under s.21A MCA 2005. We also cover cases on the scope of s7 MCA 2005 (‘necessaries’), ‘enforced’ Caesarean sections, DNACPR notices, important guidance from the President upon the publication of judgments, and the CQC’s most recent report upon the operation of the DOLS safeguards."

"Starting with England and Wales, and to pick up on capacity cases first, we would highlight, in particular, the decisions in LB Redbridge v G, C and F (disentangling duress from impairment) and JB (a lucid distillation of the principles relating to capacity to consent to medical treatment). Turning to best interests, we would draw your attention to the case of Manuela Sykes (balancing risks and benefits where it was very clear what P would have wished). In the property and affairs field, Senior Judge Lush has handed down a judgment (re DP) illuminating the distinction between an investigation conducted by the OPG and one conducted by the police. The case of JS v MP also provides a salutary cautionary tale in relation to informal decision-making."

"The division [of the newsletter into separate parts] comes at a vital time for the MCA 2005 – in one week in March we had first the report of the House of Lords Select Committee on the MCA 2005 (covered in more detail in the Capacity outside the CoP newsletter), and then the landmark decision of the Supreme Court in Cheshire West and P and Q (to which we devote almost the entirety of the Health, Welfare and Deprivation of Liberty newsletter). The Supreme Court also handed down an important decision in relation to litigation capacity and the settlement of civil proceedings, covered in detail in the Capacity outside the CoP newsletter, as are two important decisions on testamentary capacity. In the Property and Affairs newsletter, we cover important cases on gifts and the notification requirements in relation to statutory wills. In our Practice and Procedure newsletter we cover, amongst other things, the evidence given by the President and Vice-President of the Court of Protection to the Justice Select Committee. Last, by very much no means least, we cover in the Scottish newsletter the implications of the decision in Cheshire West for Scotland and also the consultation on draft proposals for a Mental Health (Scotland) Bill. "

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter, we cover the spectrum from refusing blood transfusions (Re J) to looking for sexual partners (Re TZ (No 2)); (2) In the Property and Affairs Newsletter, we cover giving to the Mormon Church (Re P) and the useful case summarising the principles relating to reconsideration of orders in the context of the revocation of LPAs (Re MRJ); (3) In the Practice and Procedure Newsletter, we cover an important case about the Court of Protection’s powers where a person has been found in contempt (A Local Authority v B, F & G) as well as a decision of the Court of Appeal which is required reading wherever a party to proceedings is deaf or hearing impaired; (4) In the Capacity outside the COP newsletter, we note a range of developments both from within England and Wales and further afield including, importantly, the General Comment on Article 12 of the Convention on the Rights of the Persons with Disabilities (about which much more in the June Newsletter). We also include our first ever book review; (5) Finally, in the Scotland Newsletter, we cover an important case upon powers of attorney, a symposium upon the Assisted Suicide Bill before the Scottish Parliament, and an update on the Scottish Bournewood case. "

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: the Court of Appeal revisits capacity (and the role of precedent); prohibiting contact; and advance decisions to refuse treatment; (2) In the Property and Affairs Newsletter: the sequel to the infamous Rolex case; (3) In the Practice and Procedure Newsletter: a rare award of costs in welfare proceedings; the proper place of the press in CoP proceedings; revisiting decisions on appeal; judicial contact with the subject of proceedings; joint instruction of experts in publicly funded cases, and a plea for assistance with streamlining directions hearings; (4) In the Capacity outside the COP newsletter: two important cases involving capacity and children and two book reviews; (5) In the Scotland Newsletter: a vitally important decision of Sheriff John Baird which casts significant doubt upon the validity of very many powers of attorney entered into in Scotland and upon the standard template available on the Scots OPG website."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a difficult case on the line between the MHA/the MCA, safeguarding gone wrong, and updates on post-Cheshire West developments; (2) In the Property and Affairs Newsletter: cases on deputies, undue influence and the COP and the duty of attorneys in continuing healthcare disputes; (3) In the Practice and Procedure Newsletter: a focus on different aspects of access by the media to the court; (4) In the Capacity outside the COP newsletter: an update on DNACPR notices, a case on charging in relation to monies managed by a Deputy, and updates on the Government’s response to the House of Lords Select Committee’s postlegislative scrutiny of the MCA 2005; (5) In the Scotland Newsletter: an update on the legal consequences of delaying reporting by MHOs in welfare guardianship applications, a case on the proper duration of guardianship and an update on the Mental Health Bill."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a very important medical treatment about life-sustaining treatment and MCS, a difficult case about capacity and pregnancy/contraception, deprivation of liberty in children’s homes and the Law Commission’s project on deprivation of liberty; (2) In the Property and Affairs Newsletter: cases on revocation of EPAs, capacity and tenancy agreements, and the Law Commission’s project on wills; (3) In the Practice and Procedure Newsletter: an important case on when to hold a fact-finding hearing, a challenging case on the inherent jurisdiction and care management, the end (for now) of the Redbridge saga, and news of an important appeal on nominal damages for unlawful detention; (4) In the Capacity outside the COP newsletter: an update on the work being done to assess the compatibility of the MCA with the CRPD, news of the consultation on the draft MHA Code of Practice, news of the Northern Irish Mental Capacity Bill; (5) In the Scotland Newsletter: an update on the legal consequences of delaying reporting by MHOs in welfare guardianship applications, news of the MWC’s most recent investigation, and an important case on capacity to consent to sexual relations. "

"(1) Health, Welfare and Deprivation of Liberty Newsletter: In the Health, Welfare and Deprivation of Liberty Newsletter: news of the process for judicial authorisations of deprivations of liberty, capacity and deprivation of liberty, and a new and depressing ‘Neary’-type saga. (2) Property and Affairs Newsletter: In the Property and Affairs Newsletter: cases on the duties of attorneys vis-à-vis care expenditure, testamentary capacity and the MCA 2005 and new guidance on assessing capacity to manage property and affairs. (3) Practice and Procedure Newsletter: In the Practice and Procedure Newsletter: two extremely important cases on when (and how) to go to court in medical treatment cases. (4) Capacity outside the COP: In the Capacity outside the COP newsletter: an update on the compatibility of the MCA 2005 and the CRPD, developments with LPAs, and two important Strasbourg cases. (5) Scotland Newsletter: In the Scotland Newsletter: breaking news as regards plugging the Bournewood ‘gap’ in Scotland and further news in the developing saga relating to validity of powers of attorney."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter : an update on judicial authorisations of deprivation of liberty and two difficult cases, one involving the MHA and the MCA, and the other capacity to consent and to contact; (2) In the Property and Affairs Newsletter (this month edited by Kelly Stricklin-Coutinho): the first revocation of a digital LPA and an update on necessaries; (3) In the Practice and Procedure Newsletter: fact-finding against the odds, the limits of the inherent jurisdiction, an escalation of the legal aid debate and the launch of Alex’s guidance on litigation friends in the Court of Protection; (4) In the Capacity outside the COP newsletter: an important case on capacity and s.117 MHA 1983, an update on the new approach adopted by CQC to the MCA 2005 and a round-up of recent guidance on the MCA 2005, as well as call for best practice documentation, new guidance on DNACPR notices, and the Committee on the Rights of Persons with Disabilities’ statement on Article 14; (5) In the Scotland Newsletter: the hotly anticipated Scottish Law Commission report on plugging the Bournewood gap, updates on the position relating to powers of attorney, an important case on testamentary capacity and undue influence, and updates on recent reports from the Mental Welfare Commission."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: Mostyn J takes on the Supreme Court over Article 5; the vexed OFSTED Guidance; the Re X process; guardianship and Cheshire West; (2) In the Property and Affairs Newsletter: decisions on planning for survivorship of attorneys, inheritance tax planning, retainers and the survival of the common law tests for testamentary and gift-making capacity; (3) In the Practice and Procedure Newsletter: an important case on habitual residence; a cri de coeur about case management; and what to do where a litigation friend is no longer in funds; (4) In the Capacity outside the COP Newsletter: prosecutions under s.44 MCA 2005; the battle of the UN Committees as to deprivation of liberty; the Law Commission’s report on kidnapping and false imprisonment and legislative change post-Winterbourne View; (5) In the Scotland Newsletter: an update on the position relating to powers of attorney, an important case on whether a local authority complaints procedure excludes the possibility of judicial view and Lady Hale in Glasgow."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a further chapter in the saga of consent to sex; unlawful removals from the family home; and the new DOLS forms; (2) In the Property and Affairs Newsletter: failed attempts to prevent the OPG/COP having oversight over an attorney and to get costs against the OPG and the OPG’s review of deputy monitoring; (3) In the Practice and Procedure Newsletter: an important case on declarations and contempt and a rare decision on permission; (4) In the Capacity outside the COP Newsletter: the new Practice Note for representation before the MH Tribunal; the new MHA Code of Practice; and the new offences of ill-treatment and wilful neglect; (5) In the Scotland Newsletter: detailed coverage of the Special Case that has resolved the question mark over the validity of powers of attorney raised by Sheriff John Baird, as well as important guidance on vulnerable clients and Practice Rules relating to powers of attorney, and an update on the Mental Health (Scotland) Bill."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a case rivalling Neary in its importance, a case at the outer limit of the COP’s powers and an update on Re X; (2) In the Property and Affairs Newsletter: recent decisions of Senior Judge Lush, including a rare refusal of an application by the OPG for revocation of a power of attorney including an interesting assessment of the place of P’s wishes and feelings; (3) In the Practice and Procedure Newsletter: the significant case of Bostridge on nominal damages, extreme product champions, veracity experts and the place of morality; (4) In the Capacity outside the COP Newsletter: two extremely important decisions of Charles J in relation to the MHT and patients who may lack capacity, an extremely significant Strasbourg decision on Article 5; anonymisation, the capacity to drive; and a new SCIE directory of MCA resources; (5) In the Scotland Newsletter: an appreciation of Sheriff John Baird, an update on deprivation of liberty in the context of the SLC report, new guidance from the MWC about managing the finances of those lacking the material capacity; an update on incapacity matters addressed (or not) in proposals for court reform and the further Devolution Command paper, and an update on the Assisted Suicide Bill."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: ‘baby Bournewood?’, an update on the long-awaited Guidance on Deprivation of Liberty, deprivation of liberty at home, the 7th IMCA report and an important ECtHR ruling on the acid test; (2) In the Property and Affairs Newsletter: an important decision on the interaction between the CICA and the COP, anonymisation of judgments and changes to LPA forms; (3) In the Practice and Procedure Newsletter: details of the first stage of reform of the COP rules, the new Practice Direction on contempt of court, vulnerable witnesses, and funding questions; (4) In the Capacity outside the COP Newsletter: an editorial comment on the Care Act and capacity, the House of Lords debates the Select Committee report, recruitment for the chair of the National Mental Capacity Forum, an extremely important decision of the Supreme Court on informed consent, and the publication of the first work on the international protection of adults edited (inter alia) by Alex and Adrian; (5) In the Scotland Newsletter: a bumper selection of important material, including news of a new project to consider compatibility of both Scots and NI legislation with the CRPD, the potential for the introduction of designated specialist sheriffs for adult incapacity work, and commentary on recent case-law of relevance to practitioners in the area."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a difficult decision on DOLS and Guardianship and best interests in the real world; (2) In the Property and Affairs Newsletter: when (and what) deputies can pay themselves for care and clarification as to when an LPA can be revoked on the basis of animosity between the attorneys; (3) In the Practice and Procedure Newsletter: Re MN, setting out the boundary between the Court of Protection and the Administrative Court; revisiting litigation capacity; and transparency and the Court of Protection; (4) In the Capacity outside the COP Newsletter: the new POST note on Vegetative and Minimally Conscious States; (5) In the Scotland Newsletter: the importance of careful drafting when it comes to powers of attorney and an appreciation of two recently retired members of staff of the MWC."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: two more decisions about the vexed interaction between the MHA/MCA, revocation of a health and welfare deputyship and updated SCIE guidance on DOLS; (2) In the Property and Affairs Newsletter: an important case on complex provisions in LPAs, calibration of risk, and new guidance from the OPG for attorneys; (3) In the Practice and Procedure Newsletter: Schedule 3 under the spotlight, costs on appeal, and the possibility of damages for breach of the right to autonomy; (4) In the Capacity outside the COP Newsletter: a very useful perspective from Singapore on undue influence and the MCA, and case-law and legislative developments impacting upon capacity issues; (5) In the Scotland Newsletter: an important judicial review in the context of compliance with mental health obligations which sheds light on equivalent obligations under the 2000 Act, a useful case upon habitual residence, statistics from the OPG, and an update on relevant legislative developments."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: an article from Tim Spencer-Lane of the Law Commission outlining its vitally important consultation on deprivation of liberty, Re X, duck-spotting with Mostyn J and a significant case on medical treatment; (2) In the Property and Affairs Newsletter: an important review of the law of ‘doing the right thing’ in statutory will cases, SJ Lush on wishes and feelings, and a reminder of the new LPA forms; (3) In the Practice and Procedure Newsletter: an update on the significant changes to the Court of Protection Rules taking effect from 1 July, a useful case on the inherent jurisdiction and procedural points of analogy from cases involving children; (4) In the Capacity outside the COP Newsletter: a stop press on ordinary residence following the Supreme Court’s decision in the Cornwall case, the Law Society’s Practice Note on meeting the needs of vulnerable clients, capacity to withdraw consent an update on the Northern Ireland Mental Capacity Bill, and the European Court of Human Rights considers life-sustaining treatment; (5) In the Scotland Newsletter: the new Scottish Government guidance on ordinary residence and an update on the Mental Health Bill."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: an update on the Re X saga, clarification over DoLS and conditional discharges, scrutiny of DoLS scrutinisers, an important decision on withdrawal of treatment, and a guest article by Dr Gareth Owen and capacity and brain injury; (2) In the Property and Affairs Newsletter: an important decisions on P’s use of funds for school fees in the context of mutual dependency, successive deputies, adverse costs orders and interest free loans, bad LPA behaviour, and family members as deputies; (3) In the Practice and Procedure Newsletter: clarification over the (lack of) funding of s49 court reports, the importance of participation in proceedings, and habitual residence; (4) In the Capacity outside the COP Newsletter: CRPD Committee’s guidelines on article 14, assisted suicide, and litigation capacity in other proceedings; (5) In the Scotland Newsletter: questionable policies and article 8 ECHR, the Education (Scotland) Bill, new guidance and ordinary residence, and new DOL guidance."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: further upheaval in the Re X procedure, a paradigm best interests decision, clarity as to CTOs and a further clash between the COP and public law; (2) In the Property and Affairs Newsletter: overseas deputies and changes to the OPG’s supervision model; (3) In the Practice and Procedure Newsletter: the (indemnity) cost of getting it wrong and COP statistics; (4) In the Capacity outside the COP Newsletter: the appointment of the Chair of the National Mental Capacity Forum, a new toolkit for advance decisions, Jersey’s draft capacity law and the social model of disability as it applies in relation to dementia; (5) In the Scotland Newsletter: the Glasgow Sheriff Court Practice Note critically dissected and MWC monitoring reports analysed."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter, a decision about deprivation of liberty in hospital and the meaning of state detention under the Coroners and Justice Act 2009, and the final instalment in the Rochdale deprivation of liberty saga; (2) In the Capacity Outside the CoP newsletter, an introduction to the work of the new National Mental Capacity Forum from its Chair, Baroness Finlay; (3) In the Practice and Procedure Newsletter, an update on the regionalisation of the Court of Protection; (4) In the Property and Financial Affairs Newsletter, a number of decisions concerning powers of attorney; (5) And in the Scotland Newsletter, the annual report of the Mental Welfare Commission for Scotland."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: landmark best interests and capacity decisions in the medical treatment sphere, more on the cross-over between the MHA and the MCA, forced marriage, and the CQC’s latest DOLS report; (2) In the Property and Affairs Newsletter: gratuitous care, conflicts of interest and the OPG’s new guidance on safeguarding; (3) In the Practice and Procedure Newsletter: a very important decision on fact-finding (and when it is and is not necessary), and guidance – by analogy – from the Supreme Court on the ‘urgency’ cross-border jurisdiction of the Court of Protection; (4) In the Capacity outside the COP Newsletter: DNACPRs notices and capacity, a College of Police Consultation on Mental Health practice, a coroner fully grasping capacity, the inaugural UK Mental Disability Law Conference and a book corner; (5) In the Scotland Newsletter: important amendments to the Education (Scotland) Bill, an important – and troubling – judicial review decision on ordinary residence in the cross-border context and guidance from the MWC on hidden surveillance."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: Article 5, best interests and the COP; 16 and 17 year olds and deprivation of liberty; and the views of the Official Solicitor on ‘using and weighing’; (2) In the Property and Affairs Newsletter: EPAs and gratuitous care; the CICA and the COP; and the perils of putting oneself forward as panel deputy; (3) In the Practice and Procedure Newsletter: the transparency pilot and how to survive it; (4) In the Capacity outside the COP Newsletter: the National Mental Capacity Action day and how to take part; capacity and organ donation; and legislative developments both sides of the border in Ireland; (5) In the Scotland Newsletter: Scottish Government consults on a review of the AWI; two important MWC reports and an obituary of Ian McMurray."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: what we don’t know about the MCA and further observations on ‘using and weighing’; (2) In the Property and Affairs Newsletter: calibrating testamentary capacity to the nature of the estate and updates from the Office of the Public Guardian; (3) In the Practice and Procedure Newsletter: the draft Case Management Pilot, the s.49 Pilot and an update on the transparency pilot; (4) In the Capacity outside the COP Newsletter: further follow-up from Winterbourne View, the Mental Health Taskforce report’s ‘fusion’ recommendation, and immigration detention and the MCA; (5) In the Scotland Newsletter: the shortage of Mental Health Officers (again), total or complete incapacity in the context of homelessness, the Carers (Scotland) Act 2016 and an update on the consultation on the AWI."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: Charles J and the DOL impasse, sex and marriage, grappling with anorexia, and wishes and feelings in different contexts; (2) In the Property and Affairs Newsletter: revoking and suspending LPAs, Law Society guidance on fiduciary duties and the OPG on delegation; (3) In the Practice and Procedure Newsletter: Court of Protection statistics, the appointment of the Chief Assessor for the Law Society Mental Capacity accreditation scheme, statutory charges, contempt of court, and the admissibility of expert evidence; (4) In the Capacity outside the COP Newsletter: follow-up from the Mental Capacity Action Day, obstructive family members and safeguarding, and end of life care and capacity; (5) In the Scotland Newsletter: capacity, facility and circumvention, the new Edinburgh Sheriff Court Practice Note, an important case on the ability to apply for appointment as a guardian, and key responses to the Scottish Government consultation on incapacity law."

"Highlights this month include: (1) In the Property and Affairs Newsletter: causing your own incapacity and the consequences for personal injury proceedings; (2) In the Practice and Procedure Newsletter: the transparent fall-out from the C case; (3) In the Capacity outside the COP Newsletter: two guest pieces: (a) an introduction to her role by the Amanda Solloway MP, the new Rapporteur on Mental Health for the Joint Committee on Human Rights; and (b) an article by Patricia Rickard-Clarke outlining the provisions of the Assisted Decision-Making (Ireland) Act 2015."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: Neil Allen comments on the Law Commission’s interim statement, Charles J on deputies and Article 5, and an updated Guidance Note on judicial authorisation of deprivation of liberty; (2) In the Property and Affairs Newsletter: Senior Judge Lush on the difference between property and affairs and welfare deputies and new OPG guidance; (3) In the Practice and Procedure Newsletter: an appreciation of Senior Judge Lush by Penny Letts OBE ahead of his retirement in July; (4) In the Capacity outside the COP Newsletter: a major report on the compliance with article 12 CRPD of the three jurisdictions of the United Kingdom and a guest article by Roy Mclelland OBE on the new Mental Capacity (Northern Ireland) Act 2016."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: some light shed on undoing advance decisions to refuse medical treatment; (2) In the Property and Affairs Newsletter: Senior Judge’s last judgment (on dispensing with service) and the latest LPA/deputy statistics; (3) In the Practice and Procedure Newsletter: different aspects of (and consequences of) reporting restrictions; (4) In the Capacity outside the COP Newsletter: guidance on s.20 Children Act 1989 ‘consents’ and capacity, powers of attorney and managing telephone subscriber accounts; (5) In the Scotland Newsletter: an update on practice before the Glasgow Sheriff court, a round-up of relevant case-law, and the review of the Council of Europe’s Recommendation CM/Rec(2009)11 on principles concerning continuing powers of attorney and advance directives for incapacity."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: covert medication and deprivation and further findings in relation to state imputability; (2) In the Property and Affairs Newsletter: statutory wills and charitable giving and OPG guidance on professional deputy costs; (3) In the Practice and Procedure Newsletter: an update on Case Management, s.49 and Transparency pilots and habitual residence strikes again; (4) In the Capacity outside the COP Newsletter: assistance wanted with questionnaires on powers of attorneys/advance decisions and mediation and relevant law reform developments around the world; (5) In the Scotland Newsletter: the first AWI appeal determined by the Sheriff Appeal Court and Scottish observations on habitual vs ordinary residence."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: getting tangled up in ineligibility, survey and statistical data relating to DOLS and news of a new COPDOL10 form; (2) In the Property and Affairs Newsletter: deputies and remuneration, capacity and influence, and updates from the OPG; (3) In the Practice and Procedure Newsletter: participation of P, extending the great safety net abroad, the limits of the coercive power of the inherent jurisdiction, and an expert beyond bounds; (4) In the Capacity outside the COP Newsletter: a report from the World Guardianship Congress, a new Jersey capacity law and a report on what Singapore can teach us about the MCA 2005; (5) In the Scotland Newsletter: case notes shedding light on practice in relation to adults with incapacity, new MWC reports and new supervision practices by the OPG."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: the new COPDOL 10 form comes into force on 1 December, an MN-style case management decision, Baker J on life and death and Strasbourg’s latest on deprivation of liberty; (2) In the Property and Affairs Newsletter: trusts versus deputies, undue influence and wills, and useful STEP guidance for attorneys and deputies; (3) In the Practice and Procedure Newsletter: important practice guidance on participation of P and vulnerable witnesses, naming experts and child competence to instruct solicitors; (4) In the Capacity outside the COP Newsletter: new guidance from the Royal College of Surgeons and the College of Policing, and an important decision of the German Federal Constitutional Court on forced treatment and the CRPD; (5) In the Scotland Newsletter: new guidance on supported decision-making (of relevance also in England and Wales) and problems with MHOs."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: DOLS and objections, the scope of s.21A appeals and best interests in treatment withdrawal; (2) In the Property and Affairs Newsletter: capacity to revoke an LPA, capacity and IVAs, and litigation friends, influence and trusts; (3) In the Practice and Procedure Newsletter: the Court of Appeal looks at committal, dismissing vs withdrawing proceedings, and the acceptable limits in criticising witnesses; (4) In the Capacity outside the COP Newsletter: news from the National Mental Capacity Forum, new consent guidelines for anaesthetists, an important Serious Case Review regarding self-neglect, an update on the international protection of vulnerable adults and a Christmas book corner; (5) In the Scotland Newsletter: delegation by attorneys and getting it backwards as regards capability to stand trial."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an important guest article from Inclusion London, and reflections fromTor and Alex on 100 issues; (2) In the Property and Affairs Report: a report of an interview with HHJ Hilder and deputyship refunds; (3) In the Practice and Procedure Report: the administration of appeals, and important judgments shedding light by analogy on factfinding, costs and vulnerable witnesses; (4) In the Wider Context Report: assisted dying, Article 2 obligations and informal patients, and reports of developments in Northern Ireland, Jersey and wider afield; (5) In the Scotland Report: an important judgment on guardianship and deprivation of liberty, a judicial review of conditions of excessive security and further observations on the operation of ‘foreign’ powers of attorney in England & Wales from the Scottish perspective."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a tribute to Mr E; fluctuating capacity; improperly resisting a deputy appointment; DoLS, BIAs and RPRs, and finding the right balance with constrained resources; (2) In the Property and Affairs Report: the OPG, investigations and costs; e-filing for professional deputies, and a guest article about the National Will Register; (3) In the Practice and Procedure Report: the Vice-President issues guidance on serious medical treatment; an important judgment on contingent declarations; the permission threshold; and disclosure to a non-party; (4) In the Wider Context Report: brain death and the courts; deprivation of liberty and young people; (5) In the Scotland Report: supplemental reports from the Independent Review of Learning Disability and Autism; the Scott review consults; and relevant cases and guidance."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a cautionary tale about re-using material for DoLS assessment and capacity complexities in the context of medical treatment; (2) In the Property and Affairs Report: an important case on the limits of powers of professional deputies to act without recourse to the Court of Protection; (3) In the Practice and Procedure Report: medical treatment - delay, neglect and judicial despair, developments relating to vulnerable parties and witnesses, and Forced Marriage Protection Orders under the spotlight; (4) In the Wider Context Report: Mental Capacity Action Days, when not to presume upon a presumption, and a number of important reports from bodies such as the CQC; (5) In the Scotland Report: the DEC:IDES trial. We have also recently updated our capacity guide and our guide to the inherent jurisdiction."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the DHSC emergency guidance on MCA and DoLS, the Court of Protection on contact and COVID-19, treatment escalation and best interests, and capacity under the microscope in three complex cases; (2) In the Property and Affairs Report: the Golden Rule in (in)action and the OPG’s ‘rapid response’ search facility for NHS and social care staff to access the register of deputies / attorneys; (3) In the Practice and Procedure Report: the Court of Protection adapting to COVID-19 and an important decision on the s.48 threshold; (4) In the Wider Context Report: COVID-19 and the MCA capacity resources, guidance on SEND, social care and the MHA 1983 post the Coronavirus Act 2020, dialysis at the intersection between the MHA and the MCA and an important report on the international protection of adults; (5) In the Scotland Report: the response of the legal community to AWI law and practice under COVID-19, and an update from the Mental Health Law Review."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Protection, COVID-19 and the rule of law; best interests and dying at home; and capacity and silos (again); (2) In the Property and Affairs Report: further guidance from the OPG in relation to COVID-19 and an unusual case about intestacy, minority and the Court of Protection; (3) In the Practice and Procedure Report: the Court of Protection adapting to COVID-19; remote hearings more generally; and injunctions and persons and unknown; (4) In the Wider Context Report: National Mental Capacity Forum news, and when can mental incapacity count as a ‘status?’; (5) In the Scotland Report: further updates relating to the evolution of law and practice in response to COVID-19. We also note that 9 May 2020 was the 20th anniversary of the Adults with Incapacity (Scotland) Act 2000 receiving Royal Assent."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and Procedure Report: a remote hearings update, and a pragmatic solution to questions of litigation capacity arising during the course of a case; (4) In the Wider Context Report: DoLS and the obligations of the state under Article 2 ECHR, the Parole Board and impaired capacity, and recent relevant case-law from the European Court of Human Rights; (5) In the Scotland Report: the interim report of the Scott Review critiqued."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under light-touch lockdown and a face-off between potential professional deputies; (3) In the Practice and Procedure Report: a basic guide to the CoP; litigation capacity and litigation friends and observations about intermediaries and lay advocates; (4) In the Wider Context Report: capacity and the Mental Health Tribunal, a change of approach to s.117 aftercare and lessons learned from a close encounter with triage; (5) In the Scotland Report: the Scott Review summary of responses to its initial survey and a response from the Chair to the critique in our last issue."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated MCA/DoLS guidance, the anorexia Catch-22, and two important cases on deprivation of liberty; (2) In the Property and Affairs Report: remote witnessing of wills, professional deputy remuneration and the OPG annual report; (3) In the Practice and Procedure Report: CoP statistics, short notes on relevant procedural points and the UN principles on access to justice for persons with disabilities; (4) In the Wider Context Report: the NICE quality standard on decision-making and capacity, litigation friends in different contexts, and a guest piece giving a perspective on living with a tracheostomy and a ventilator; (5) In the Scotland Report: the human rights blind spot in thinking about discharge from hospital in the context of COVID-19.

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, the CRPD in the Court of Protection and spotting the signs of abuse; (2) In the Property and Affairs Report: two important cases about deputies and fixed costs and how to get financial deputyship applications right; (3) In the Practice and Procedure Report: s.21A applications and interim declarations; the limits of the court’s jurisdiction; contempt proceedings and when not to recognise a foreign order; (4) In the Wider Context Report: new GMC consent guidance, Sir James Munby returns to the inherent jurisdiction, new CQC publications and relevant ECHR developments; (5) In the Scotland Report: a new Chief Executive for the Mental Welfare Commission, MWC publications, and what COVID-19 has revealed about ageism and disability discrimination."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; (3) In the Practice and Procedure Report: for how long does a Court of Protection judgment remain binding, and helpful guidance for experts reporting upon capacity; (4) In the Wider Context Report: challenging reports about the disproportionate effect of COVID-19 upon those with learning disability, young people with learning disability and autism under detention, and capacity and public hearings before the Mental Health Tribunal; (5) In the Scotland Report: discharge from hospital without proper consideration of ECHR rights."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; (3) In the Practice and Procedure Report: for how long does a Court of Protection judgment remain binding, and helpful guidance for experts reporting upon capacity; (4) In the Wider Context Report: challenging reports about the disproportionate effect of COVID-19 upon those with learning disability, young people with learning disability and autism under detention, and capacity and public hearings before the Mental Health Tribunal; (5) In the Scotland Report: discharge from hospital without proper consideration of ECHR rights."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: vaccination; interim authority to treat pending a final order, and a further LPS impact assessment; (2) In the Property and Affairs Report: guidance following ACC for professional deputies; (3) In the Practice and Procedure Report: a checklist for international relocation, covert treatment and the courts, and recording of court proceedings; (4) In the Wider Context Report: decision-making and 16/17 year olds, FAQs following the Devon judgment on personal assessment, spotting coercion and control and the BIHR’s resources for service providers; (5) In the Scotland Report: further developments relating to the Scott review, including an update from the Chair, and Scottish consideration of relocation."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: two cases each on vaccination, how long to keep going with life-sustaining treatment and obstetric arrangements, and important decisions on both family life and sexual relations; (2) In the Property and Affairs Report: Mostyn J takes on marriage, ademption and foreign law, and updates from the OPG; (3) In the Practice and Procedure Report: reasonable adjustments for deaf litigants and a new edition of the Equal Treatment Bench book; (4) In the Wider Context Report: DNACPR [Do not attempt cardiopulmonary resuscitation] guidance from NHS England, NICE [National Institute for Health and Care Excellence] safeguarding guidance, reports on law reform proposals of relevance around the world and (an innovation) a film review to accompany book reviews and research corner; (5) In the Scotland Report: Scottish Parliamentary elections, Child Trust funds and analogies to be drawn from cases involving children."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a judgment looking beyond the diagnosis, paying for sex and the Court of Protection, navigating autism and indoctrination and relevant updates about visiting guidance in relation to care homes; (2) In the Property and Affairs Report: a staunch judicial defence of Banks v Goodfellow, Child Trust Funds and capacity, and updates from the OPG; (3) In the Practice and Procedure Report: discharging a party without notice, the white leopard of litigation capacity and CoP statistics; (4) In the Wider Context Report: DNACPR [Do not attempt cardiopulmonary resuscitation] decisions during COVID-19, litigation capacity in the civil context, and the interaction between capacity and the MHA 1983 in two different contexts; (5) In the Scotland Report: the new Mental Welfare Commission practice guidance on capacity, rights, and sexual relationships. Our Scottish team has been too busy making law in different countries to write more this month, but will bring updates next month about legislative developments on the cards as the new Scottish administration finds its feet."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: substance over form in DoLS authorisations, complex questions of coercion in medical treatment, and the limits of fluctuating capacity in the context of sex; (2) In the Property and Affairs Report: a brisk dismissal of an attempt to appeal a judgment of Senior Judge Hilder about charging by a deputy, and easy read guides to making LPAs; (3) In the Practice and Procedure Report: an important rapid consultation on hearings and the judicial view of remote hearings; (4) In the Wider Context Report: the CPR responds to vulnerability, strengthening the right to independent living, capacity in the rear view mirror and the ECHR and the CRPD at loggerheads; (5) In the Scotland Report: the Mental Welfare Commission on hospital discharges, change at Scottish Government (but how much) and welfare guardianships and deprivation of liberty."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: capacity, silos and pigeon-holes, medical treatment dilemmas, and the limits of support; (2) In the Property and Affairs Report: LPA modernisation and help with COP1 and COP1A forms; (3) In the Practice and Procedure Report: the Court of Protection is, in fact, a court, costs updates, and insights in the future of remote hearings; (4) In the Wider Context Report: a policy round-up, the inherent jurisdiction and children, advocacy in restricted settings, and the limits on the duty to secure life; (5) In the Scotland Report: Mental Welfare Commission reports on the use of the Mental Health Act during COVID-19 and advance statements, and thoughts about SIDMA."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the 14th birthday of the MCA, an important case about the scope and limits of ADRTs, and the impact of coercive control on capacity; (2) In the Property and Affairs Report: a deputy stand-off and new blogs from the OPG; (3) In the Practice and Procedure Report: anticipatory declarations and medical treatment - two different scenarios; (4) In the Wider Context Report: children, competence and capacity in different contexts, the JCHR launches an inquiry into human rights in care settings, and a Jersey perspective on deprivation of liberty; (5) In the Scotland Report: the Supreme Court, devolution and implications for CRPD incorporation, and resisting guardianship."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Sexual Offences Act, care workers, and paying for sex; and obligations that cannot be avoided in the context of decisions about serious medical treatment; (2) In the Property and Affairs Report: an important consultation on a scheme to enable access to funds held by financial institutions; and guidance about disclosure of medical records to attorneys and deputies; (3) In the Practice and Procedure Report: a new training video on communication and participation, the use of the inherent jurisdiction overseas, and a systemic approach to unblocking entrenched relationships; (4) In the Wider Context Report: the CQC’s State of Care report, vaccination and children, and a new research report on accessible legal information; (5) In the Scotland Report: an important reversal of course by the OPG for Scotland in relation to remuneration of professional guardians."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Supreme Court takes on capacity, learning to learn, and capacity and illicit substances; (2) In the Practice and Procedure Report: the Court of Appeal’s concern about judicial visits, and reporting restrictions and accountability; (3) In the Wider Context Report: Parole Board guidance on mental capacity, and how consumer law can help navigate care home dilemmas; (4) In the Scotland Report: a truly shocking report of institutional inhumanity, and the extent of incapacitation under s.67 of the Adults with Incapacity Act 2000. Because there’s not a huge amount to report, there is no Property and Affairs Report this month. However, a reminder of this consultation currently underway, closing on 12 January 2022 about third-party access to limited funds."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: religion and the burdens of treatment; vaccine case law update; and making the decisions the person would have made; (2) In the Property and Affairs Report: the scope of the powers under an LPA, and updated safeguarding guidance from the OPG; (3) In the Practice and Procedure Report: vulnerable parties and witnesses, and covert recordings; (4) In the Wider Context Report: blood transfusions for teenage Jehovah’s Witnesses, s.117 ordinary residence and a new capacity guidance website; (5) In the Scotland Report: DNACPRs and the relationship between medical decision-making and guardians’ decision, cross-border deprivations of liberty of children and guardians’ remuneration."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Capacity to refuse treatment while on a CTO and deprivations of liberty for children; (2) In the Property and Affairs Report: testamentary capacity; (3) In the Practice and Procedure Report: naming P, public or private hearings, judicial visits and litigation capacity; (4) In the Wider Context Report: voting rights and disability, sufficiency of care and Article 8, and Article 2 inquests; (5) In the Scotland Report: Guardians’ remuneration and the Scottish Mental Health Law."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Draft MCA and LPS Code published; capacity to terminate a pregnancy; the (limited) role of the Inherent Jurisdiction; and is an application needed in all vaccine disputes? (2) In the Property and Affairs Report: the Court of Appeal weighs in on testamentary capacity, and the evidence used to prove it; and an invitation to the pilot for digital submission of property and affairs cases; (3) In the Practice and Procedure Report: reporting restrictions; the role of COP in MHA discharge planning; costs; and notable conferences on capacity; (4) In the Wider Context Report: the impact of s.49 reports on mental health professionals; Article 2 and 3 damages claim; the M’Naghten test considered; and is having a deputy an Article 14 ‘status’? (5) In the Scotland Report: Guardians’ remuneration; open justice or anonymisation; and still time to contribute to the Scott Review or sign up to the World Congress on Adult Capacity in Edinburgh."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Fact-finding in relation to coercive and controlling behaviour; habitual residence; and how recent should evidence be for the deprivation of liberty of a child? (2) In the Property and Affairs Report: The Governments to the ‘Moderninsing Lasting Powers of Attorney’ consultation. (3) In the Practice and Procedure Report: Balancing privacy and open justice; costs of proceedings; and compliance with practice directions. (4) In the Wider Context Report: Mental Health Act reform; COVID-19 in care homes; and MARSIPAN is replaced. (5) In the Scotland Report: The World Congress; the Scott Review; and more on the PKM Litigation and Guardians’ remuneration."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Vaccine judgments; deprivation of liberty of 16- and 17-year-olds; and brain stem death. (2) In the Property and Affairs Report: Capacity to make an LPA; and remuneration for non-professional deputies. (3) In the Practice and Procedure Report: A dispatch from the World Congress on Capacity; and updates on the National Deprivation of Liberty Court for children. (4) In the Wider Context Report: Draft Mental Health Act Bill is published; Mental capacity and PI awards; values in the Court of Protection; and helpful and interesting videos. (5) In the Scotland Report: Dispatches from the World Congress."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Injunctions against family members; Draft LPS forms published; and serious medical treatment applications. (2) In the Practice and Procedure Report: Remote observations of hearings and new SRA guidance on vulnerable clients. (3) In the Wider Context Report: Mental Health Bill Update; Archie Battersbee case in the Court of Appeal; Posthumous use of embryos; and CAMHS gatekeeping. (4) In the Scotland Report: World Congress and Scott Review Updates; Learning Disabilities and Mental Health legislation; and permanence orders."

Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Person specific contact and sexual relations capacity; treatment plans for disordered eating; and updated DoLS statistics. (2) In the Property and Affairs Report: Electronic billing pilot rolls out. (3) In the Practice and Procedure Report: Transparency orders; and the BMA opines on s.49 MCA reports. (4) In the Wider Context Report: Brain stem death testing; deprivations of liberty of young people in Scotland; the CRPD’s application in the Battersbee case; foreign convictions; coercive control; litigation capacity; the Care Act considered in the Court of Appeal. (5) In the Scotland Report: Further updates on Guardians’ remuneration and the PKM litigation; nearest relatives; and the MHTS project concludes. You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also find updated versions of both our capacity and best interests guides.

Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Capacity to make decisions regarding hoarding, parental consent for deprivations of liberty, and Article 2 and informed consent. (2) In the Property and Affairs Report: A new guidance notes on selling properties; (3) In the Practice and Procedure Report: The Court of Appeal weighs in on the test for injunctions in the Court of Protection, and a new Civil Justice Council working group considers litigation capacity in civil proceedings; (4) In the Wider Context Report: Withdrawal of treatment; jurisdiction of the Ombudsman; mental capacity and Article 14 status; and ‘Shedinars’ galore. (5) In the Scotland Report: An update on the Mental Health Law Review.

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: When it is in a person’s best interests to end restraint which is necessary to keep them alive; and removing silos from capacity in substance and procedure. (2) In the Practice and Procedure Report: A plethora of developments around transparency, reporting restrictions and closed hearings. (3) In the Wider Context Report: Morahan in the Court of Appeal; Updated RCN guidance on sex and sexuality in care homes; and the relationship between clinical guidelines and negligence. (4) In the Scotland Report: An imperative to reform mental health law; and the Hague Convention on the International Protection of Adults."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Collection of sperm where a person is on the edge of brain death; public protection and deprivations of liberty; and many newly-reported ‘part 2’ judgments tell us what happened next. (2) In the Property and Affairs Report: Lasting Powers of Attorney bill is published; and deprivations of assets. (3) In the Practice and Procedure Report: Cross-border placements; and amendments to the Court of Protection Rules. (4) In the Wider Context Report: ‘A gloriously ordinary life’; Crowter in the Court of Appeal; consent to adoption and capacity; prolonged disorders of consciousness; and a Strasbourg update. (5) In the Scotland Report: A new checklist for cross-border placements; a decision to close day centres is reduced; and model laws for advance choices."

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.

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: fluctuating capacity and emotional dysregulation; (2) In the Property and Affairs Report: the Court of Protection divorce, refreshed deputy standards and relevant legislative developments; (3) In the Practice and Procedure Report: ‘closed hearings’ guidance and Forced Marriage Protection Orders; (4) In the Wider Context Report: covert medication guidance, an updated litigation capacity certificate, the malign influence of Andrew Wakefield, and changes afoot in Ireland; (5) In the Scotland Report: a Scottish perspective on the Powers of Attorney Bill and implementation of the Scott Report."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS on the shelf; fluctuating capacity and the interface under the judicial spotlight; (2) In the Property and Affairs Report: the new surety bonds structure and an update on the Powers of Attorney Bill; (3) In the Practice and Procedure Report: reporting restrictions and the Court of Appeal, and costs in serious medical treatment cases; (4) In the Wider Context Report: DNACPR notices and disability, litigation capacity, the new SCIE MCA database, and Ireland commences the 2015 Act; (5) In the Scotland Report: problems of powers of attorney in different settings and a very difficult Article 5 choice."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the JCHR has questions for the Government about the delay to the LPS; anorexia and capacity, and Caesarean sections and P-centricity; (2) In the Property and Affairs Report: Hegel and testamentary capacity, and cross-border management of personal injury settlements; (3) In the Practice and Procedure Report: a freeze on freezing injunctions, and ss.48 and 49 MCA under the spotlight; (4) In the Wider Context Report: Mental Health Act reform potential and pitfalls, an update to the Mental Health and Justice Capacity Guide, and food refusal in prison; (5) In the Scotland Report: Issues with powers of attorney – an unprecedented tangle, the Powers of Attorney Bill and Implementation of the Scott Report."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an Anglo-Welsh LPS update and cases covering contingency planning, executive capacity, decision-specificity and restraining the detained patient; (2) In the Property and Affairs Report: Hayden J takes on common LPA problems, an MOJ toolkit and a rather startling assertion about the position of professional solicitor deputies; (3) In the Practice and Procedure Report: habitual residence under the spotlight, contempt and the Court of Appeal and the most recent Court of Protection statistics; (4) In the Wider Context Report: the LGSCO ombudsman and deprivation of liberty, Article 2 and DoLs, visiting in care homes, and a report from our new Irish correspondents; (5) In the Scotland Report: AWI masterclasses and the Scottish Government respondents to the Scott Report."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the MHA/MCA interface revisited; belief, diagnosis and capacity, and questioning an independent spirit; (2) In the Property and Affairs Report: the SRA looks at law firms providing LPA / deputyship services, OPG guidance on completing LPA forms and a shedinar on the MCA and money; (3) In the Practice and Procedure Report: transparency in committal hearings and on death, and why belief is not the same as proof when it comes to capacity; (4) In the Wider Context Report: the wider MHA context within which many MCA matters arise, the limits of autonomy in medical settings; litigation capacity under the spotlight in both civil and family courts; and the second of our reports from Ireland as the new Act beds in; (5) In the Scotland Report: Articles 3 and 2 ECHR in play in the capacity context."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: Brain stem death before the courts and conveyancing; (2) In the Property and Affairs Report: the Powers of Attorney Act 2023 gets Royal Assent, and how it will change the Mental Capacity Act 2005; (3) In the Practice and Procedure Report: revised guidance for Accredited Legal Representatives and anonymisation of clinicians in cases involving the MCA 2005; (4) In the Wider Context Report: a revised online ADRT service and a revised clinical guide for staff working with autistic people and those with a learning disability, and our Irish correspondents highlight two specific aspects of the Assisted Decision-Making (Capacity) Act 2015; (5) In the Scotland Report: attorneys as executors."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: reasonably adjusting to disability in the context of dialysis and identifying will and preferences across a spectrum of difficult medical cases; (2) In the Property and Affairs Report: the Law Commission’s further consultation on wills; (3) In the Practice and Procedure Report: two sets of ‘Ps’ and the costs of welfare appeals; (4) In the Wider Context Report: the CQC’s State of Care report, deprivation of liberty and those under 18, litigation capacity and access to court, and the inherent jurisdiction in Ireland; (5) In the Scotland Report: bureaucracy vs justice and a tribute to Adrian upon his retirement from one of his posts."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the least worst option as regards compulsory feeding, putting values properly into the mix and the need for a decision actually to be in contemplation before capacity is considered; (2) In the Property and Affairs Report: relief from forfeiture in a very sad case; (3) In the Practice and Procedure Report: counting the costs of delay, guidance on termination cases, and a consultation on increasing Court of Protection feeds; (4) In the Wider Context Report: forgetting to think and paying the price, the cost of getting it wrong as litigation friend, Wales potentially striking out alone on mental health reform, and a review of Arianna’s book on social care charging; (5) In the Scotland Report: reduction of a Will: incapacity and various vitiating factors, and an update on law reform progress."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: medical treatment dilemmas of different hues, how risky can the court be, and capacity in context; (2) In the Property and Affairs Report: useful guides for those creating LPAs and an Australian take on balancing risk and (false) hope in the context of scamming; (3) In the Practice and Procedure Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence; (4) In the Wider Context Report: the new framework for care home visiting in England, an important consultation on capacity in civil litigation, new core ethics guidance from the BMA, and the Circuit Court rolls up its sleeves in Ireland; (5) In the Scotland Report: discrimination narrowly avoided, and a case posing questions about compensation for unlawful detention."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: sexual and contraceptive complexities and an important light shed on DoLS from Northern Ireland; (2) In the Property and Affairs Report: the obligations on the LPA certificate provider, telling P their damages award, and dispensing with notification in statutory will cases; (3) In the Practice and Procedure Report: when it is necessary to go to court in serious medical treatment cases, and a Scottish cross-border problem; (4) In the (new) Mental Health Matters Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence; (5) In the Wider Context Report: when not to try CPR, developments in the context of assisted dying / assisted suicide and with Martha’s Rule, and news from Ireland; (6) In the Scotland Report: a Scottish take on the Cheshire West anniversary and a tribute to Karen Kirk."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a very difficult dilemma arising out of covert medication, and key deprivation of liberty developments; (2) In the Property and Affairs Report: fixed costs for deputies, deputies and conflicts of interest, and the Child Trust Fund saga continues; (3) In the Practice and Procedure Report: three amended Practice Directions, when (and why) should the judge visit P and fact-finding in the Court of Protection; (4) In the Mental Health Matters Report: the Government (rather surprisingly) responds to the Joint Committee on the draft Mental Health Bill, and important reports from the PHSO and CQC; (5) In the Wider Context Report: a snapshot into litigation capacity and Jersey sheds light on the concrete realities of assisted dying / suicide; (6) In the Scotland Report: the Assisted Dying for Terminally Ill Adults (Scotland) Bill."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a rare successful capacity appeal, evicting someone from P's house and holistically approaching hoarding; (2) In the Practice and Procedure Report: when you can remove deputies, and publishing judgments in serious medical treatment and closed material procedure cases; (3) In the Mental Health Matters Report: when not to rely on capacity in the mental health context; (4) In the Wider Context Report: capacity, autonomy and the limits of the obligation to secure life, and the European Court of Human Right raises the stakes for psychiatric admission for those with learning disabilities; (5) In the Scotland Report: licence conditions and deprivation of liberty, and Executor qua attorney - a few steps back?"

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty; (2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online; (3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases; (4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting; (5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test? (6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: sexual capacity complexities, wishes and feelings in the balance, and finding the P in a PDOC case; (2) In the Property and Affairs Report: deputy bond provider problems and a job opportunity in the Official Solicitor's office; (3) In the Practice and Procedure Report: how far can the Court of Protection go to ensure its orders are complied with, and risk taking, best interests and health and welfare deputies; (4) In the Mental Health Matters Report: Tier 4 beds (again) and the Mental Health Tribunal and the Parole Board; (5) In the Wider Context Report: local authority consent to confinement, the Irish courts continue to grapple with the consequences of the framework, and Strasbourg pronounces on assisted dying; (6) In the Scotland Report: exasperation at the pace of the Scottish Government's Mental Health and Capacity Reform Programme."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts; (2) In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities; (3) In the Practice and Procedure Report: which decisions are for doctors, and which for the courts; jury-rigging Article 5(4) compliance in community DoL cases, and transparency under the spotlight; (4) In the Mental Health Matters Report: a Mental Health Bill on the way, the hard edges of the MHA 1983 and the CQC and Valdo Calocane; (5) In the Wider Context Report: the limits of Article 3 in the context of the inherent jurisdiction, the CQC and covert medication and Lord Falconer’s Assisted Dying Bill; (6) In the Scotland Report: the Scottish Government consults on legislative measures to respond to the Scott Review and a report from the World Congress on Adult Care and Support."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts; (2) In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities; (3) In the Practice and Procedure Report: which decisions are for doctors, and which for the courts; jury-rigging Article 5(4) compliance in community DoL cases, and transparency under the spotlight; (4) In the Mental Health Matters Report: a Mental Health Bill on the way, the hard edges of the MHA 1983 and the CQC and Valdo Calocane; (5) In the Wider Context Report: the limits of Article 3 in the context of the inherent jurisdiction, the CQC and covert medication and Lord Falconer’s Assisted Dying Bill; (6) In the Scotland Report: the Scottish Government consults on legislative measures to respond to the Scott Review and a report from the World Congress on Adult Care and Support."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings; (2) In the Property and Affairs Report: gifts, attorneys and deputies; (3) In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes; (4) In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context; (5) In the Wider Context Report: the Law Commission consults on disabled children’s social care law and the Grand Chamber of the European Court of Human Rights balances Articles 2 and 8 in the medical treatment context; (6) In the Scotland Report: AWI legislative reform on the cards?"

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS; (2) In the Property and Affairs Report: Senior Judge Hilder reversing reverse indemnities and considering the scope of deputies’ authority in the context of Personal Health Budgets; (3) In the Practice and Procedure Report: costs and delay and capacity in cross-border cases; (4) In the Mental Health Matters Report: the Mental Health Bill is introduced; (5) In the Wider Context Report: Strasbourg suggests that the Supreme Court was wrong in the Maguire case; (6) In the Scotland Report: Scottish Government’s law reform proceeds at breakneck speed, and a symposium for Adrian."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal grapples again with sexual capacity, and important reminders of best interests as good governance and operating in an imperfect world; (2) In the Property and Affairs Report: Simon Edwards retires, and deputyship updates; (3) In the Practice and Procedure Report: flight risk, and a coercive control dilemma regarding a lasting power of attorney; (4) In the Mental Health Matters Report: a Mental Health Bill update, detainability and the courts, and Right Care, Right Person under scrutiny; (5) In the Wider Context Report: Assisted dying / assisted suicide developments, capacity and surrogacy and two important Strasbourg cases; (6) In the Scotland Report: Kirsty Mcgrath retires, and a blank space for developments regarding legislative reform in Scotland."

"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."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: insight into the proper place of insight, best interests decision-making and good clinical governance, and anorexia and the changing calculus of decision-making; (2) In the Property and Affairs Report: the Court of Protection’s (international) jurisdiction over children; (3) In the Practice and Procedure Report: fees changes relating to the Court of Protection and the OPG guidance on disclosing visitors’ reports; (4) In the Mental Health Matters Report: the Mental Health Bill progresses and the independent investigation into the care and treatment of Valdo Calocane; (5) In the Children’s Capacity Report: why the report is named as it is, the Court of Appeal confirms that local authorities cannot consent to the confinement of children in care, and guidance for judges writing to children; (6) In the Wider Context Report: the updated Code of Practice on diagnosing death and restraint in Northern Ireland; (7) In the Scotland Report: no hard news, but the way ahead for AWI reform becomes clearer, and unhelpful uncertainty about powers of attorney."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a masterclass in determining a particularly complex set of capacity questions; (2) In the Property and Affairs Report: statutory will applications and publicity; OPG guidance on family care payments, and the bond provider saga continues; (3) In the Practice and Procedure Report: a helpful reminder of elephant traps for the unwary as regards when time runs for purposes of appealing decisions; (4) In the Mental Health Matters Report: the Mental Health Bill progresses, and the CQC reports on the MHA 1983 in 2023-24; (5) In the Children’s Capacity Report: a new BMA toolkit to help with capacity and other issues in relation to those aged 16 and 17, and back to the vexed question of parental consent to confinement; (6) In the Wider Context Report: the inherent jurisdiction rebuffed in a personal injury case, recent research of relevance, and strong views from the CRPD Committee on medical assistance in dying and the 2000 Hague Convention; (7) In the Scotland Report: what is appealable in the AWI context, and the complexities of the position of those aged 16 and 17 in Scotland."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: positive obligations under Article 5, deprivation of liberty in the intensive care setting, and best interests in the context of childbirth and anorexia; (2) In the Property and Affairs Report: common mistakes in making LPAs; (3) In the Practice and Procedure Report: costs in medical treatment; an important case on time-limits in HRA cases, frustrating the Court of Protection and the end of era marked for the Court of Protection Practice; (4) In the Wider Context Report: a new MCA/DOLS resource, capacity and the MHT, restraint in the mental health setting, mental health patients in general hospitals and truth and lying in dementia; (5) In the Scotland Report: solicitors claiming an interest and the nobile officium comes to the rescue."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the limits of wishes and feelings and a different take on Article 5; (2) In the Property and Affairs Report: changes to EPA/LPA registration fees; (3) In the Practice and Procedure Report: a further amendment to the CoP Rules, a major on the participation of P, a guest article on ground rules in cross-examination and HRA damages, costs and the LAA; (4) In the Wider Context Report: tools to address coercive control, the MCA and immigration detention, and the second issue of the International Journal of Mental Health and Capacity Law; (5) In the Scotland Newsletter: an important Sheriff Appeal Court decision about care charges and the divestment of assets."

"(1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal overturns the conventional understanding of deprivation of liberty under the MHA; children, consent and deprivation of liberty, changes to inquest requirements in relation to DoLS/Re X orders; (2) In the Property and Affairs Report: new guidance on access to and disclosure of the wills of those lacking capacity, the OPG’s good practice guide for professional attorneys and new fixed fees for deputies; (3) In the Practice and Procedure Report: the Supreme Court pronounces on best interests, available options and case management, a new Senior Judge for the Court of Protection, and updates on case-law relating to funding and HRA damages; (4) In the Wider Context Report: a new approach to advance care planning and the European Court of Human Rights grapples with Article 12 CRPD; (5) In the Scotland Report: Scottish powers and English banks, the Scottish OPG cracks down and a review of the second edition of a leading textbook."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the failed challenge to funding for DOLS, DOLS and conditions, and examples of judges grappling with both capacity and best interests in situations of complexity; (2) In the Practice and Procedure Report: litigation capacity and the Court of Protection, and a strange saga of attempts to exploit the Court of Protection in the context of bone marrow donation; (3) In the Wider Context Report: a reminder of the MCA and voting, new guidance on care for dying patients and a book corner reviewing relevant recent publications; (4) In the Scotland Report: reflections in AM-V v Finland and law reform, recently decided cases shedding light on capacity and disability from a range of perspectives and a well-deserved honour for Adrian."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: standing in the shoes of P in a difficult decision as to cancer treatment, s.21A and the LAA, Welsh DoLS and Sir James Munby P on the warpath; (2) In the Property and Affairs Report: Charles J puts statutory wills under the spotlight and new OPG guidance on travel costs; (2) In the Practice and Procedure Report: the minutes of the Court of Protection Court Use Group; (3) In the Wider Context Report: an election corner special report, new resources for GPs and about ADRTs, psychiatric treatment under scrutiny from Europe and moves to secure greater cross-border protection for adults; (4) In the Scotland Report: important perspectives on supported decision-making, independent living and legislative reform."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: important decisions grappling with the meaning of best interests in the contexts of religious practices and delusional beliefs, and (finally) detailed statistics about s.21A/Re X cases; (2) In the Property and Affairs Report: a new approach to severance and gifts; (3) In the Practice and Procedure Report: changes to – and extension of the scope of – the Transparency Pilot and comments sought on a mediation pilot project; (4) In the Wider Context Report: post-PJ problems, problems with care homes and capacity assessments and are moves really under way to change mental health laws?; (5) In the Scotland Report: draft rules from Strathclyde Sheriff’s Court concerning AWI applications."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: alcohol and best interests, the price for failing to support, patient choice from the other side of capacity, and Bournewood brought to life; (2) In the Property and Affairs Report: Denzil Lush and LPAs, the Law Commission consultation on wills, professional deputies run amok and OPG updates; (3) In the Practice and Procedure Report: s.21A, medical treatment and the role of the courts, the extension of the pilots, and guidance on CoP visitors; (4) In the Wider Context Report: mental capacity in (in)action in SARs, litigation friends in tribunals, legal services and vulnerability, and the Committee on the Rights of Persons scrutinises the UK; (5) In the Scotland Report: a Scottish perspective on powers of attorney problems and attorney registration updates."

"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: serious medical treatment cases and the involvement of the CoP, family members and Rule 3A and DoLS before the European Court of Human Rights; (2) In the Property and Affairs Report: financial abuse at home and tools to combat financial scamming; (2) In the Practice and Procedure Report: a transparency update, a guest article on welfare cases in practice before the CoP and a problematic case on capacity thresholds and the inherent jurisdiction; (3) In the Wider Context Report: the LGO and the MCA 2005, an update on the assisted dying challenge, the Mental Health Act review and guidance for enabling serious ill people to travel; (4) In the Scotland Report: the Scottish Public Guardian on powers of attorney problems and a sideways judicial look at the meaning of support."