A reminder of the conference being held a week on Friday in London that I am chairing looking both at where we might be going on the mental capacity reform project, and what we can, and, should, be doing in the interim. A wide range of really excellent speakers (and me) will consider, amongst other matters: […]
Posts tagged deprivation of liberty
A final reminder that there are a few places still available for the seminar that I am doing in Consett, County Durham, next Friday (5 May) on the Law Commission’s proposals and the future of deprivation of liberty. For further details, and to book, see here.
A Home Office Circular has now been published to accompany the Policing and Crime Act 2017 changes (including those relating to death under DoLS) coming into force on Monday 3 April. The circular, available here, addresses the DoLS changes at pages 11 and onwards, and includes these particularly important passages: “60. Coroners will continue to […]
To accompany the coming into force on 3 April of the change to the definition of “state detention” introduced by the Policing and Crime Act 2017, the new Chief Coroner has issued new guidance – 16A – to accompany (and then supersede) the existing guidance available here. The guidance, which also addresses the Court of […]
The Faculty of Intensive Care Medicine/Intensive Care Society have prepared summary guidance on MCA and DoLS in light of the Ferreira judgment. A fuller discussion of the judgment and its implications will be forthcoming in the Journal of the Intensive Care Society, but in the interim this guidance outlines the key messages of the judgment […]
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner South London & Ors  EWCA Civ 31. We will have full analysis of the judgment in the next newsletter due out next week, but in the interim the headline is that the Court of […]
My admirable colleague Tor Butler-Cole has produced this useful chart to summarise in graphic form the effect of Baker J’s judgment in the RD case on DOLS, objections and the role of RPRs and IMCAs.
The long-awaited judgment from Baker J following up on AJ is now out: RD & Ors (Duties and Powers of Relevant Person’s Representatives and Section 39D IMCAs)  EWCOP 49. A full report will appear in the next 39 Essex Chambers Mental Capacity Law Newsletter, but in brief Baker J had to address the question of: […]
I reproduce below the email that has just been sent to sent to consultees and other stakeholders updating on the status of the project (nb, I am afraid that I’m not able to comment further on this or the project itself). “Dear stakeholder, I am writing to inform you that unfortunately the publication of our […]
With thanks to Richard Charlton for providing me with the transcript of the judgment in this case, the decision in P v A Local Authority (unreported, 21 December 2015), highlights the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm […]