For those wanting some holiday reading, you may wish to have a look at my discussion paper looking at whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: (a) the position of a person who is confined, cannot consent […]
Monthly archives for December, 2017
39 Essex Chambers Mental Capacity Rep...
A combination of the pressure of our other commitments and a lack of major reported cases from the Court of Protection means that we will not have a formal Report before the end of the year. A bumper issue will appear mid/late-January, but in the interim a few key developments do merit notice. Widely reported […]
Two mental health and mental disabili...
A heads-up about two really interesting conferences in the field of mental health and mental disability law for 2018. One is the annual Socio-Legal Studies Association conference at the University of Bristol, 27-29 March 2018, which will again have a stream devoted to mental health and mental capacity law, organized by Professor Peter Bartlett (Nottingham) and Amanda Keeling […]
CANH withdrawal – interim guida...
Interim guidance has just (11 December) been published – jointly – by the British Medical Association, General Medical Council and Royal College of Physicians – in response to recent legal developments in relation to the way decisions concerning the withdrawal of Clinically Assisted Nutrition and Hydration are made from patients in a permanent vegetative state (PVS) or minimally […]
Mental Health Act Review gathering pa...
The independent Mental Health Act Review is gathering pace. On its website are two key updates: A call for evidence: please see full details of the call for evidence online and if appropriate, please formally submit / ask your organisation to submit any evidence you possess which the Review should consider to MHActReviewEvidence@dh.gsi.gov.uk. A call for applicants for […]