The Court of Appeal ( EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ( EWCOP 8), in which he held that parents could not consent to the confinement of their 16 or 17 year old children. As I am instructed in the case (on behalf of […]
Posts tagged deprivation of liberty
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s MCD report. I reproduce it below: I am today announcing the publication of the Government’s interim response to the Law Commission’s report on Mental Capacity and Deprivation of Liberty, a […]
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty. In SCC v MSA & Ors  EWCOP 18, he gave guidance (the precise status of which I will address […]
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: […]
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.