November 2014 – Mental Capacity Law and Policy

I need your money! The MDAC Christmas Appeal

This is not an update, but a request for your assistance with a really important cause. Three colleagues and I from Chambers have joined forces … Read More ›

Deprivation of liberty

The vexed Guidance about children’s homes – more developments

In Barnsley MBC v GS & Ors [2014] EWCOP 46, Holman J has held that the Guidance issued jointly by the President and OFSTED on … Read More ›

Case comments, Deprivation of liberty

JS Mill strikes back – Mostyn J takes on the Supreme Court

Mr Justice Mostyn is nothing if not brave. In a decision handed down on 18 November 2014: Rochdale MBC v KW [2014] EWCOP 45, he … Read More ›

Re X process goes live

A quick cross-post to the Court of Protection Handbook site to flag up that the Re X process for judicial authorisation of deprivation of liberty … Read More ›

Taking capacity to the next level

Working on the theory that I am allowed every so often shamelessly to self-publicise, can I draw the attention of any clinicians reading this post to … Read More ›

Case comments, Deprivation of liberty

Guardianship and Cheshire West

Summary The Upper Tribunal in NL v Hampshire County Council (Mental health: All) [2014] UKUT 475 (AAC) has now pronounced upon the application of the … Read More ›

Acting as a Litigation Friend in the Court of Protection – new Guidance now out

As many of you will know, I have spent a significant part of this year working on guidance commissioned by the Department of Health for IMCAs, … Read More ›

Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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