Instructing experts, and how long does the leash have to be for the acid test to be satisfied? – Mental Capacity Law and Policy

Posted May 5th, 2026 in news by sally

‘Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is important because Theis J set out a clear set of expectations instructing experts, and interesting because it is an example of what is now a rare beast, a contest as to whether circumstances gave rise to a deprivation of liberty. It also includes what is now an increasingly standard reminder that dividing care and residence decisions can frequently be artificial.’

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Mental Capacity Law and Policy, 2nd May 2026

Source: www.mentalcapacitylawandpolicy.org.uk