39 Essex Chambers have published a December 2021 Mental Capacity Report.

Highlights include:

  • In the Health, Welfare and Deprivation of Liberty Report: the Supreme Court takes on capacity, learning to learn, and capacity and illicit substances;
  • In the Practice and Procedure Report: the Court of Appeal’s concern about judicial visits, and reporting restrictions and accountability;
  • In the Wider Context Report: Parole Board guidance on mental capacity, and how consumer law can help navigate care home dilemmas;
  • 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.

The full report can be accessed here.