Mental Capacity Consult

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.

06/01/2026

Best interests judgment concerning a placement and living arrangements for SL

The court proceeded on the established premise that Subject lacks capacity for the relevant matters under ss 1-3 MCA 2025 and that any decision must be made under Subject's best interests following the statutory checklist and the MCA Code of Practice.

Get free access to the complete judgment in London Borough of Lewisham v SL & Anor [ on CaseMine.

06/01/2026

Happy New Year!

We are open for business as usual. We look forward to another wonderful year working closely with our clients and contacts.

Kindly visit our website www.mentalcapacityconsult.co.uk to see how we can be of help

Cheers to a productive 2026!

19/12/2025

The Office of the Public Guardian has issued guidance aimed at policy makers in regulated markets to help their staff better deal with customers who cannot make their own decisions.

A guide to help staff learn how to support customers to use the services the Office of the Public Guardian provides.

05/12/2025

Best interest decision concerning whether an 18 year old should have surgery to correct curvature of his spine.

Get free access to the complete judgment in RS, Re (Best Interests: Surgery and Intensive Care) [ on CaseMine.

11/11/2025

Need a Mental Capacity Assessment for legal proceedings?

Contact MCC Ltd. today for professional assessments and Consultancy services.

Fast Turnaround.
Fixed Charges.
Trusted expertise.

https://www.mentalcapacityconsult.co.uk/fixed-quotes/

05/11/2025

Best interests decision regarding DT and whether she should be moved to another country for the purpose of brain stem tests to determine whether she is dead.

Get free access to the complete judgment in London NHS Trust v DT & Anor [ on CaseMine.