Gillick Competence: Caution required
An interesting case was heard before the courts earlier this year, which highlights how Gillick Competence should only be applied when appropriate to do so.
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Mental Capacity Assessments: Face-to-Face or Remote?
During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.
Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.
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Capacity to engage in sexual relations
Capacity to engage in sexual relations is an area that is not often discussed in the realm of mental capacity. In this blog we highlight the key case law that guides the assessment of capacity to engage in sexual relations alongside two separate but interrelated forms of capacity: Contact Capacity and Contraception Capacity.
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What is an Advance Decision to Refuse Treatment (ADRT)?
The Mental Capacity Act (2005: 24) defines an Advance Decision to Refuse Treatment (ADRT) as: a decision made by a person (“P”), after [they have]… Read More »What is an Advance Decision to Refuse Treatment (ADRT)?
CQC State of Care in England Report, October 2025
On the 24th October 2025, the Care Quality Commission (CQC) published its latest report on the State of Care in England, which highlights areas of good quality practice and points of concern that require improvements within the health and social care system.
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Cheshire West: back in the courts
This week, the Supreme Court (UKSC/2025/0042) is considering a submission by the Attorney General for Northern Ireland, addressing the following issue: Does the Minister of… Read More »Cheshire West: back in the courts
Liberty Protection Safeguards – Movement at last?
There has been many calls for the Mental Capacity Act’s Code of Practice and the Deprivation of Liberty Safeguards to be updated. The system as it stands today is extremely outdated – some would say broken – and is in need of urgent change in order to protect vulnerable people from harm.
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Best Interest Decisions in everyday practice: Part 3
In the third part of our blog series on Best Interest, we look at the various stages of consultation required, and how to review the information gathered.
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Best Interest Decisions in everyday practice: Part 2
Following on from our blog on the Best Interest Decision process, in this blog, we look at the role of the decision maker, and how they are identified. We also consider ‘viable options’ and what circumstances may be relevant to the decision.
Read More »Best Interest Decisions in everyday practice: Part 2Best Interest Decisions in everyday practice: Part 1
A Best Interest Decision is the step that is taken if a person is found to lack mental capacity for a specific decision at a specific time. It is not a single action, but rather a dynamic process that aims to uphold the individual’s rights, keeping their thoughts, feelings, beliefs and values at its heart, while also consulting with all relevant parties to weigh up the viable options.
Read More »Best Interest Decisions in everyday practice: Part 1