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Mental Capacity Act (2005)

Loneliness and isolation: Elderly woman with head resting on her arms looking out of window.

CQC report on DoLS (2024-25)

Many readers will be familiar with the Deprivation of Liberty Safeguards (DoLS) – an important, if poorly implemented piece of legislation. While DoLS primarily relates to the Mental Capacity Act (2005), one of the oddities of the law is that DoLS was actually first introduced as part of a Mental Health Act (2007), and as such, the CQC’s monitoring report for DoLS is published within the Monitoring of the Mental Health Act 2024-25 report, rather than the MCA.

Read More »CQC report on DoLS (2024-25)
Older woman sat in wheelchair looking down an empty road

Cheshire West overturned: Supreme Court Ruling

On the 2nd June 2026, a significant Supreme Court Ruling determined, with immediate effect, that Cheshire West v P (2014) UKSC 19 was overturned. In its simplest form the key parts of the ruling states:

  • The Acid Test, formed in Cheshire West, which identifies the threshold for when a Deprivation of Liberty (article 5, ECHR) is present, is no longer to be applied. Returning to rely on Guzzardi v Italy (1981) 3 EHRR 333.
  • In the circumstances where a person lacks capacity for their care and treatment, they can give ‘subjective consent’, or what we might describe as implied consent through compliance. Thus, no Deprivation of Liberty Safeguards (DoLS) would be needed in these circumstances.
Read More »Cheshire West overturned: Supreme Court Ruling
Withdrawing money from an ATM (cash machine)

Issues with Appointeeships

In a previous blog, we considered the basics of becoming an appointee, providing an overview of the role and initial limitations. 

Since then, a guest blog by Alex Cisneros was included in Essex 39’s Compendium Mental Capacity report for December 2025, which dug deeper into the practical process. Cisneros’ report is a very interesting read, and brings to light some of the implied difficulties and concerns.

Read More »Issues with Appointeeships
White leopard

Mental Capacity and the ‘White Leopard’

The Mental Capacity Act (2005) upholds a person’s rights to autonomy, providing five core principles that drives these values in practice. It directs that Mental Capacity is decision and time specific, that all decisions should be appropriately supported, and respecting their right to make what others might call an ‘unwise decision’. Examples of a specific decision might be choice of residence, contact with a set person(s), a decision over treatment, conducting legal proceedings, managing property and finances etc.

Read More »Mental Capacity and the ‘White Leopard’
Elderly mother and daughter walking in park. Mother uses walking frame, while daughter helps support her.

Mental Capacity training in care homes

While the Mental Capacity Act (2005) is a statutory piece of legislation, that is actively required within the healthcare setting, it is not a part of ‘mandatory’ training that health and care professionals are required to undertake. This is one of the many reasons why the application of the Mental Capacity Act is so inconsistent between different care homes and between different healthcare providers.

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Insight and understanding: Elderly woman smiling as she looks into the distance

Gifting

The Mental Capacity Act (2005) includes clear direction on how to approach the process of ‘gifting’. This applies to anyone acting as an LPA for Property and Finances, or as anyone assigned the role of Deputy by the Court of Protection.

Read More »Gifting