Chris urges government to change the Mental Capacity ACt
6 Oct 2026
The recent Court of Appeal judgement in TDB v London Borough of Haringey found that when there is reason to doubt an adult’s mental capacity during a needs assessment under the Care Act 2014, the local authority must obtain a capacity assessment beforehand. This judgement reinforces the need for statutory change to the Mental Capacity Act 2005, to limit the presumption of capacity across adult social care and health services. I have written to the government.