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 ›

Full text of Mental Capacity (Amendment) Act 2019 now published
May 17, 2019
The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being …Read More »
Who are they? Where are they? ‘Invisible’ locked up children
May 17, 2019
In a powerful and wide-ranging report published by the Children’s Commissioner on 16 May entitled “Who are they? Where are …Read More »
39 Essex Chambers May Mental Capacity Reports
May 16, 2019
The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights …Read More »
An Act is passed – the LPS Bill gets Royal Assent
May 16, 2019
Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details …Read More »
Sexual relations, rights and capacity
May 14, 2019
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 …Read More »

Case (Police use of force). Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB)
— "I recognise that this was a challenging situation for the police officers. They were faced with an individual who presented as very angry, covered in blood and with whom they were unable to communicate. Prior to Andrew Gilchrist's explanation, their assumption that Michael Gilchrist was an aggressor who, probably, had assaulted someone and needed […]
Case (Capacity to consent to sex with husband). London Borough of Tower Hamlets v NB [2019] EWCOP 17
— "There is also evidence that indicates that NB very much enjoys the status of marriage, is affectionate to her husband [AU] and, on occasion, initiates sexual relations. This appears consistent with Ms Wilson's observations as long ago as 1996. The primary issue before the Court is whether NB truly has the capacity to consent […]
Case (Capacity and ability to communicate). Patel v Arriva Midlands Ltd [2019] EWHC 1216 (QB)
— "Dr Fleminger's assessment was: 'Whether or not he can understand what information he is given and use and weigh this information in the balance to make decision, he is unable to communicate any decision he has made. Whether or not he regains capacity in the future depends on the outcome of his conversion disorder'. […]
Case (Inquest and DOLS). R (Maguire) v United Response [2019] EWHC 1232 (Admin)
— "First, the claimant contends that the defendant erred in law by determining at the end of the evidence that article 2 no longer applied under Parkinson, thereby prejudging a matter that should have been left to the jury. Secondly, the Coroner erred in law by determining that the jury should not be directed to […]
Summary of LPS legislation passage through Parliament. Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19)
— In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t […]

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