The Committee on the Rights of Persons with Disabilities has now adopted its General Comment on Article 12 (Equal Recognition… Read more
Month: April 2014
Collating Cheshire West guidance
I have pulled together resources from a range of sources (official and unofficial) on the implications of Cheshire West, and… Read more
Deprivation of liberty in a hospital setting
Those readers who have not already collapsed under the weight of guidance and commentary on the Cheshire West decision may… Read more
Going the extra mile – a model assessment of capacity
Wandsworth CCG v IA and TA [2014] EWHC 990 (COP) Summary This case is a model of the assessment of the… Read more
CQC guidance on deprivation of liberty
With thanks to Dave Sheppard for bringing this to my attention, the CQC issued (very quietly indeed) guidance on 4… Read more
Book review: Elderly People and the Law (2nd edition)
Editorial Note See below for the first book review on this site. If anyone has any books that they think that… Read more
Why a Mental Capacity Act Commission (and what should it look like)?
Why a Mental Capacity Act Commission? One of the main recommendations made by the House of Lords Select Committee in… Read more
DH Guidance on Restrictive Interventions (and the implications of Cheshire West)
The Department of Health has just published guidance as part of its new Positive and Safe programme (which will apply… Read more
Tithing and the CoP – religion under the capacity microscope
A County Council v MS and RS [2014] EWHC B14 (COP) Summary MS was a Mormon. He was also mentally… Read more
Cheshire West – the implications for mental health and mental capacity lawyers
I am very grateful to Sophy Miles for permission to reproduce here her extremely interesting and thoughtful paper on the… Read more