Inherent jurisdiction – Mental Capacity Law and Policy

Capacity, Case comments, Comments, Inherent jurisdiction

Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy

In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about … Read More ›

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Capacity, Case comments, Deprivation of liberty, Inherent jurisdiction, Practice and Procedure

A true tangle – capacity, influence and the inherent jurisdiction

NCC v PB and TB [2014] EWCOP 14 Summary This decision of Parker J was handed down in March, but only appeared on Bailii in … Read More ›

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Capacity, Case comments, Inherent jurisdiction

Getting capacity right: the crossover between the inherent jurisdiction and the Court of Protection

LB Redbridge v G, C and F [2014] EWHC 485 (COP) (Russell J) Summary This case (the subject of a rather alarmist article whilst ongoing, … Read More ›

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Mental Health Act review supporting documents
February 15, 2019
The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. …Read More »
39 Essex Chambers February Mental Capacity Report
February 12, 2019
After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
February 9, 2019
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a …Read More »
5 reflections on law reform (and over and out for now)
December 19, 2018
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head …Read More »
39 Essex Chambers Mental Capacity Report end of term email
December 19, 2018
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »

Publication: HL Bill 161(a) Motion for consideration of Commons amendments February 18, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161(a) Motion for consideration of Commons amendments
Publication: HL Bill 161 Explanatory Notes February 15, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161 Explanatory Notes
Publication: HL Bill 161 Commons amendments February 13, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161 Commons amendments
Sitting: 12/02/2019 February 13, 2019
Mental Capacity (Amendment) Bill [HL]: House of Commons 3rd reading
Publication: 3rd reading February 13, 2019
Mental Capacity (Amendment) Bill [HL]: 3rd reading

Case (Medical treatment, including CPR). University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39
— "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be […]
Event. MHLA: Panel course - Leeds, 6/3/19 and 7/3/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
Event. MHLA: Panel course - London, 27/2/19 and 28/2/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
Legislation. Mental Health (Northern Ireland) (Amendment) Order 2018
— This Order amends Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 1986. The pre-existing situation "could have [had] the effect that a patient who is detainable for assessment, in accordance with Article 4, is discharged before the assessment period is completed even if they meet […]
Parliamentary briefing on Mental Capacity (Amendment) Bill. Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18)
— Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable […]

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