Responding appropriately to the physical health needs of those with mental health conditions – a...

Barts Health NHS Trust v CG [2026] EWCOP 55 (T3) is a relatively ‘routine’ serious medical treatment case, which Theis J identified was rightly brought because of the level of proposed restraint re…

Experiencing the ‘necessary element’ of coercion – another post-AGNI worked example

TW v Worcestershire County Council [2026] EWCOP 54 (T2) is a thoughtful ‘worked example’[1] by HHJ Tindal applying AGNI, this time – and for the first time in a reported case – in relation to a per…

Article 8 protections after AGNI

In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme from his previous two decisions relating to deprivation of liberty after AGNI, namely the…

Court of Protection Handbook quarterly update

The October 2026 quarterly update to the Court of Protection Handbook is now available. It provides updates on such matters as using documents disclosed in the Court of Protection in other proceedi…

Deciding deprivation of liberty in an “efficient, and relatively speedy” way

Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived as the September Mental Capacity Report went to press, so HHJ Burrows’ latest de…

39 Essex Chambers October Mental Capacity Reports

The October 2026 Mental Capacity Reports are now out.  Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: capacity, presumptions and the Care Act 2014; and…

Capacity, presumptions and doubts – the Court of Appeal clarifies

In TDB v London Borough of Haringey [2026] EWCA Civ 1168, the Court of Appeal has clarified the role that capacity plays in the context of the conduct of Care Act 2014 assessments.  The observation…

Capacity, the ‘support principle’ and assisted dying – the case of learning disability

One of the consequences of the Terminally Ill Adults (End of Life) Bill cross-referring directly to the Mental Capacity Act 2005 is that the so-called ‘support principle’ in that Act is imported.  …

Case management and the Court of Protection – a wild idea [guest post)

[This is a guest post by Victoria Butler-Cole KC, a colleague of mine at 39 Essex Chambers, co-founder of the Mental Capacity Reports, and extremely experienced Court of Protection barrister] Anyon…

Suicide prevention and assisted dying – managing the tension

Suicide prevention is understood as a multi-agency public health endeavour aimed at reducing suicide deaths through a combination of individual and population-level interventions. National policy, …

Terminally Ill Adults (End of Life) Bill updated briefings from the Complex Life and Death Decisi...

The second reading of Lauren Edwards’ Terminally Ill Adults (End of Life) Bill is on Friday 11 September.  Together with my Complex Life and Death Decisions colleagues I do not take a positio…

Book Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great Legal and Moral Problem of...

Book Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great Legal and Moral Problem of Our Time (Policy Press, 2026, 249 pp, £24.99, paperback / ebook) This (relatively) short and (rel…

39 Essex Chambers September 2026 Mental Capacity Report and walkthrough

The September 2026 Mental Capacity Report is now out.  Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity…

Mental capacity end of term report

The court term in England & Wales ends today, 31 July 2026.  Whilst this does not mean that the Court of Protection (or indeed the other courts) stop hearing cases, it does mean that there may …

Book reviews: Research Handbook on Medical Consent and Scottish Medical Essentials (Second Edition)

José Miola and Louise Austin (eds) Research Handbook on Medical Consent (Elgar, 2026, 485 pp, hardback £240 / ebook c£48) Having spent a significant amount of time recently working with the Associa…

Updated AGNI resources page (and over and out for now)

I have updated my resources page on the AGNI case to include, amongst other things, a link to the recording of the webinar held by the National Mental Capacity Forum on 24 June, and guidance from b…

Terminally Ill Adults (End of Life) Bill – updated Complex Life and Death Decisions briefing

On 14 June 2026, Lauren Roberts MP announced that she would use her position (second) in the Private Members Ballot to re-introduce the Terminally Ill Adults (End of Life) Bill.  It appears from he…

UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty