In November 2019, the President of the Family Division’s Working Group on Medical Experts in the Family Courts published the findings from a two-year study of the status and accessibility of Medical Experts. The report confirmed suspicions that there is limited access to medical experts across the country.

The capacity to litigate refers to a person’s ability to understand, engage in, or follow litigation proceedings. A person lacks the capacity to litigate if they lack mental capacity under the terms of the Mental Capacity Act 2005 (MCA).

Testamentary capacity refers to the ability of an individual to make or alter a legally valid will. Only persons aged 18 or over who possess mental capacity under the terms of the Mental Capacity Act 2005 (MCA) can be said to possess testamentary capacity.

The Mental Capacity Act 2005 (MCA) is a legal framework that sets out the conditions in which a person can be judged capable of making their own decisions.