United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 Summary History was made in a very and dignified quiet way on 15 July when Pauffley J made a declaration that it would be lawful and in the best interests of a woman for a treating NHS Trust not to make further efforts to establish […]
Monthly archives for July, 2014
A true tangle – capacity, influ...
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 the second week of July 2014. It contains an important analysis of the ‘causative nexus,’ some controversial (and I would suggest plainly incorrect) obiter comments as to the scope of […]
Court of Protection Handbook is here!
I am extremely pleased to be able to announce that some very hard work on the part of Sophy Miles, Professor Anselm Eldergill, Kate Edwards and I over the past year have borne fruit in the shape of Legal Action Group’s Court of Protection Handbook. It is the first book to address in detail the […]
A defence of ‘fusion’ law
[I am very grateful to George Szmukler, Professor of Psychiatry and Society at the Institute of Psychiatry, KCL, for this detailed comment responding to Lucy Series’ characteristically thoughtful comment on my post on the proposed Mental Capacity Bill in Northern Ireland which seeks to combine mental capacity and mental health legislation. Given its length, this merits a separate […]
Self-neglect – a resource and a...
The Department of Health is currently consulting on the draft regulations and Guidance to accompany the implementation of Part I of the Care Act 2014 (the deadline for responses is 15 August 2014). The draft Guidance on Adult Safeguarding follows its spiritual predecessor, No Secrets, in not including self-neglect amongst the definition of abuse and […]
Throwing down the gauntlet – the ment...
Introduction I spent a fascinating half day on 3 July attending (and speaking at) a conference organised in Belfast to discuss the civil provisions of the draft Mental Capacity Bill that has been published jointly by the Department of Health, Social Services and Public Safety (‘DHSSPS’) and the Department of Justice, and which is out […]
Deprivation of liberty – some f...
Liverpool City Council v SG & Ors [2014] EWCOP 10 Summary In a judgment that assists in resolving one issue that has been exercising practitioners (of all hues) since the judgment in Cheshire West, Holman J has confirmed that the Court of Protection has the power to make an order which authorises that a person who […]
July Mental Capacity Law Newsletters ...
The Thirty Nine Essex Street Mental Capacity Law Newsletters are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: A difficult case on the line between the MHA/the MCA, safeguarding gone wrong, and updates on post-Cheshire West developments; (2) In the Property and Affairs Newsletter: cases on […]
