Mental Capacity Consult

22/07/2026

The Court of Protection considered whether an adult (NP) had the mental capacity to make decisions about serious medical treatment.

This case serves as an important reminder that capacity assessments must be thorough, evidence-based, and focused on the specific decision at hand.

Courts will closely examine whether assessors have properly applied the Mental Capacity Act before authorising significant medical interventions.

Get free access to the complete judgment in The Rotherham NHS Foundation Trust v NP & Anor [ on CaseMine.

06/07/2026

The Court of Protection considered whether an estranged father should be excluded from being notified about an application for a statutory will that would remove his right to inherit from his daughter, who lacked mental capacity.

https://radcliffechambers.com/insights/natural-justice-and-statutory-will-applications-fairweather-v-ag-2026-ewcop/

08/06/2026

The Supreme Court held that adults in Northern Ireland who lack mental capacity can validly consent to their confinement through the expression of their wishes and feelings, overruling the “acid test” from Cheshire West.

A proposed Revised Code of Practice allowing those lacking mental capacity to validly consent to confinement was held to be lawful.

19/05/2026

This case highlighted the court's ongoing role in protecting vulnerable individuals who may lack capacity to make certain decisions for themselves under the Mental Capacity Act 2005.

The Court of Protection considered important issues around mental capacity, care, and safeguarding responsibilities owed by public authorities.

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCOP/2026/20.html&query=(EWCOP)+AND+(20)+AND+((T3))

This judgment was delivered in public but a transparency order is in force. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the appellant and the...

15/05/2026

Another important reminder of how the Court of Protection approaches end-of-life and best interests decisions with compassion and careful legal scrutiny.

The Court found out that RH lacked the mental capacity to make decisions about his medical treatment. The judge then had to decide what was in RH's best interests under the Mental Capacity Act 2005.

Get free access to the complete judgment in Royal Free London Hospital NHS Foundation Trust v RH & Anor [ on CaseMine.

06/05/2026

A significant Court of Protection decision where The Judge set out clear expectations regarding the instruction of experts and analyzed the "acid test" for deprivation of liberty.

This judgment is crucial for local authorities and legal practitioners in the Court of Protection regarding expert evidence and managing care packages that constitute a deprivation of liberty.

Court of Protection declares lack of capacity across multiple domains whilst affirming a narrow residence exception and authorising deprivation of liberty.

28/04/2026

A Court of Protection judge has ruled that it is in the best interests of a Welsh man who had lived in Spain for more than 30 years to remain in Wales in a care home, where he benefits from “frequent contact” with his family.

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08/04/2026

Contact and residential orders made in respect of PX whose mother MX had made unsubstantiated claims of sexual and physical abuse against the father FX.

The main issues at the final hearing concerned: (a) PX's contact with her mother and father; (b) where PX should reside during school holidays; (c) whether either parents should be permitted to take PX on holiday outside the jurisdiction, in particular to Sri Lanka.

08/04/2026

Are you unsure if a loved one can make important decisions independently?

Our experienced team at Mental Capacity Consult offers clear, compassionate mental capacity assessments to guide you through difficult situations.

We are here to support you every step of the way.

https://www.mentalcapacityconsult.co.uk/

07/04/2026

A hearing concerning the capacity of the plaintiff, a 57 year old married woman, whose long-term partner is the defendant. The court concluded that the plaintiff has capacity in all material areas of decision making.

Get free access to the complete judgment in Nottinghamshire County Council v JW & Anor [ on CaseMine.