This is not an update, but a request for your assistance with a really important cause. Three colleagues and I from Chambers have joined forces with The Big Give Christmas appeal to pledge up to £5,415 to the Mental Disability Advocacy Centre. However, there’s a catch. We need to raise a further £5,415 from other people […]
Monthly archives for November, 2014
In Barnsley MBC v GS & Ors  EWCOP 46, Holman J has held that the Guidance issued jointly by the President and OFSTED on 12 February 2014 entitled “Deprivation of Liberty – Guidance for Providers of Children’s Homes and Residential Special Schools,” is definitely wrong in a number of particulars. Although concerning a different […]
Mr Justice Mostyn is nothing if not brave. In a decision handed down on 18 November 2014: Rochdale MBC v KW  EWCOP 45, he took on the Supreme Court in Cheshire West and demanded that it “reconsider” the application of Article 5 ECHR in the context of deprivation of liberty at home (if not […]
A quick cross-post to the Court of Protection Handbook site to flag up that the Re X process for judicial authorisation of deprivation of liberty goes live tomorrow, Monday 17 November.
Working on the theory that I am allowed every so often shamelessly to self-publicise, can I draw the attention of any clinicians reading this post to the Maudsley Masterclass on Mental Capacity to be held in London on 3 February 2015, which I shall be holding jointly with Wayne Martin of the Essex Autonomy Project and Gareth […]
Summary The Upper Tribunal in NL v Hampshire County Council (Mental health: All)  UKUT 475 (AAC) has now pronounced upon the application of the decision in Cheshire West in the context of guardianship. Mr L, who had mild to moderate learning disabilities, was made subject to the guardianship of his local authority. Both parties […]
As many of you will know, I have spent a significant part of this year working on guidance commissioned by the Department of Health for IMCAs, RPRs and other advocates (as well as family members and friends of putative ‘P’s) considering acting as litigation friends in the Court of Protection. The guidance has now been published, […]