July 2014 – Mental Capacity Law and Policy

Best interests, Case comments, Medical treatment

A melancholy but profound milestone

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 … Read More ›

Capacity, Case comments, Deprivation of liberty, Inherent jurisdiction, Practice and Procedure

A true tangle – capacity, influence and the inherent jurisdiction

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 … Read More ›

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 … Read More ›

Legislative developments

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 … Read More ›

Case comments, Legislative developments

Self-neglect – a resource and another missed opportunity?

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 … Read More ›

Legislative developments

Throwing down the gauntlet – the mental capacity revolution in Northern Ireland

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 … Read More ›

Case comments, Deprivation of liberty

Deprivation of liberty – some fog clears about children’s homes

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 … Read More ›

Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »
Court of Protection Handbook – August 2020 Quarterly Update
August 1, 2020
The quarterly update on the COPH website to the third edition of the Handbook is now out, bringing the book …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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