On Wednesday, 8th October 2025, our Court of Protection team hosted the annual Mental Capacity Act Conference.

This year, marking twenty years since the introduction of the act, we welcomed over 300 professionals from across the country to The Queens Hotel, Leeds. The conference, now in its 15th year and the largest of its kind in the UK, brought the Court of Protection community together to focus on advancing mental capacity law.

The day began with a welcome to the event, followed by refreshments, goodie bags and a warm introduction from Alison Kaye , Director and Head of Switalskis Court of Protection team.

Dr. Janet Grace, a consultant psychiatrist, then took to the stage, delivering a thought-provoking keynote speech on the current areas of concern for clinical experts. Dr. Grace shared experiences of patient challenges and the urgent need to address training and assessment issues in Court of Protection, dissecting the hours and experience required for legal training. She ran through the difficulties faced by doctors and capacity experts in a world full of social media and new legislation, alongside the challenges of coercive control in clinical assessments. The compelling discussion highlighted the reality of the issues experts face and prompted the audience to consider ways to find solutions to the problems.

‘Hot topics’ at the conference

Next to take to the podium, His Honour Judge Simon Burrows focused his talk on children and Article 5 rights. He reflected on local authorities’ struggles to find safe, suitable homes for children. He raised concerns about access to proper therapy, education, and the growing authorisation of “deprivation of liberty safeguards (DoLs)” in these placements.

After a brief refreshment break, Joseph O’Brien KC examined the evolving role of expert evidence in Court of Protection proceedings. He explored how judges and practitioners should navigate the delicate balance between expert opinion and judicial responsibility. Drawing on recent case law, he emphasized the importance of providing clear instructions, employing rigorous reasoning, and ensuring legal accuracy in expert reports. Throughout his talk, O’Brien KC emphasised that while expert evidence remains vital, the court is the ultimate decision-maker. He encouraged a “wide canvas” approach - considering the person’s values, wishes, and lived experience.

Barrister Lucinda France-Hayhurst gave an engaging talk on how the Court of Protection handles serious medical treatment cases, including those involving life-sustaining or ethically difficult decisions. She explained that while doctors can usually rely on the Mental Capacity Act to guide care, there are limits. This is seen especially when there’s disagreement, uncertainty, or potential impact on a person’s rights. Lucinda highlighted the risks of delay in these cases and reminded delegates that judges must look beyond the medical facts to consider a person’s wishes, beliefs, and overall well-being. She encouraged professionals to act promptly and prepare clear, focused applications so the court can make timely and well-informed decisions.

Ben McCormack, Barrister at Garden Court North Chambers, delivered a thoughtful address on the deprivation of liberty safeguards (DoLS) and the Court of Protection. He emphasised the court’s role in assisting creative problem-solving, rigorously testing care plans rather than rubber-stamping them. He the court’s function in authorising deprivation of liberty, and cautioned against care orders being misread as mandates. McCormack proposed that court orders should stress that they provide authority for care steps, not a requirement to enforce maximum restrictions.

After a lunch and networking break, Deputy High Court Judge Sam Karim KC took to the stage and spoke about litigation capacity. He explained that courts should not confuse unwise decisions, difficult behaviour, or strong views with incapacity. Additionally, when assessing past capacity, experts should utilise medical records, accounts from individuals close to the person, and demonstrate attempts to engage. He also cautioned against over-protectiveness, encouraging judges to stay objective and avoid the impulse to “protect” by assuming incapacity with a robust basis.

In the final talk of the day, barrister Neil Allen presented his discussion on ‘Policing by Proxy’. He examined how the law sometimes employs indirect means to control or influence decisions in cases involving mental capacity or deprivation of liberty. He warned that such proxy mechanisms risk bypassing proper legal safeguards and can shift power away from the person whose capacity is in question. He emphasised that just because a decision is made “on behalf” of someone, it doesn’t mean it’s beyond challenge. Through this, he highlighted the importance of transparency, accountability, and ensuring the person’s own voice is not lost.

A fantastic day of networking

The venue, The Queens Hotel, boasted a stunning ballroom space for our conference. Lunch and coffee breaks throughout the day provided welcome opportunity to absorb the day’s insights and engage in conversations with colleagues and new connections, away from the courtroom. The room was filled with energy as attendees caught up with one another and listened to our speakers share their passion and expertise.

To summarise…

The 2025 Annual Review of the Mental Capacity Act 2005 held by Switalskis was yet again a well-received and insightful event. Each of our knowledgeable speakers presented an engaging topic that reflected their area of expertise, resulting in thought-provoking discussions and valuable takeaways. Twenty years after the Mental Capacity Act’s inception, speakers had much to discuss about today’s mental capacity law and the future of the Court of Protection. The impressive turnout of delegates who joined us for the day really stressed the importance of the work we do for some of the most vulnerable clients.

Planning is well underway for our next conference, scheduled to take place again in October 2026. To make sure you can get tickets, sign up for our mailing list here .

In the meantime, we’re also excited to announce our upcoming Sports Injury Conference, “Back in Play ”, taking place on Tuesday, 5 March 2026, at the Leeds Marriott Hotel. The event will bring together players, clubs, medical teams, rehabilitation specialists, and legal professionals to explore the realities of sports injury and the power of sport in recovery.

Whether you’re involved in sport, rehabilitation, or legal support, we’d love for you to join us for what promises to be an inspiring and collaborative day.