Department of Health Guidance The Department of Health has this afternoon (28 March) issued guidance to health and social care organisations following the judgment in Cheshire West. The guidance does not provide assistance as to the Department’s view as to what (e.g.) continuous supervision and control means, but sets out the actions that it expects […]
Monthly archives for March, 2014
Deprivation of liberty – practi...
A short post to note that I have, with my fellow Mental Capacity Law Newsletter editors, put together a guide for the benefit of front-line social work and medical staff as to the implications of the Cheshire West judgment. It does not purport to answer all the legal questions, but will at least hopefully serve […]
Cheshire West – one day on
Introduction I summarised yesterday the key points of the decision, and gave some initial comments. I want to return today to consider some further points in the judgments of the Supreme Court Justices, together with some more observations upon where we go from here. I will not amend further my original post so that it […]
Cheshire West: the Supreme Court̵...
Introduction After a wait that – if one was being impertinent – might seem doubtfully compliant with the requirement of speed in Article 5(4) ECHR, the Supreme Court has now handed down its judgment in the conjoined cases of Cheshire West and P and Q. The appeals were allowed unanimously in the case of Mr […]
The judges speak
As I noted this morning, the President and Vice-President of the Court of Protection, Sir James Munby and Mr Justice Charles respectively, gave evidence to the Justice Committee today in relation to the operation of the Court of Protection. The oral evidence session itself made very interesting viewing (putting blushes to one side at the […]
The MCA’s big week continues
The ripples still continue to spread from the House of Lords Select Committee’s report on the MCA 2005. Lord Hardie, the Chair of the Committee, is doing the rounds of conferences at the moment – I am looking forward to hearing him speak at the Community Care conference tomorrow. An entirely unscientific survey that I […]
Reflections on the COP and MCA by Gor...
I am very grateful indeed to Gordon Ashton OBE, the editor of Jordans’ Court of Protection Practice, and one of the prime movers behind the MCA 2005, for his permission to reproduce (in slightly modified form) his introduction to the recently published 2014 edition of the COPP, a work to which I contribute. His comments, which […]
Keeping it concrete – the Court...
Simon v Byford [2014] EWCA Civ 280 Summary This is the appeal from the decision of Nicholas Strauss QC that we covered last year in the newsletter. In summary, one of the sons (‘R’) of a Mrs Simons (‘S’) brought proceedings in the Chancery Division challenging a will made by his mother, at her 88th […]
The House of Lords Report 2 – a...
In this post, I seek to summarise – and where relevant – comment upon each of the Chapters in the report. This can be no substitute for reading the report itself and the wealth of detail contained therein to support the 39 recommendations made. Chapter 1: Introduction The range of the evidence received by the […]
The House of Lords has spoken –...
Summary The House of Lords Committee appointed to consider the MCA 2005 has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages [note]), the Committee has provided a damning report upon almost all aspects of the implementation of the MCA […]
