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 with The Big Give Christmas appeal to pledge up to £5,415 to the Mental Disability Advocacy Centre. However, there’s a catch. We need to raise a further £5,415 from other people […]
Monthly archives for November, 2014
The vexed Guidance about childrenR...
In Barnsley MBC v GS & Ors [2014] EWCOP 46, Holman J has held that the Guidance issued jointly by the President and OFSTED on 12 February 2014 entitled “Deprivation of Liberty – Guidance for Providers of Children’s Homes and Residential Special Schools,” is definitely wrong in a number of particulars. Although concerning a different […]
JS Mill strikes back – Mostyn J...
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 took on the Supreme Court in Cheshire West and demanded that it “reconsider” the application of Article 5 ECHR in the context of deprivation of liberty at home (if not […]
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 goes live tomorrow, Monday 17 November.
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 the Maudsley Masterclass on Mental Capacity to be held in London on 3 February 2015, which I shall be holding jointly with Wayne Martin of the Essex Autonomy Project and Gareth […]
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 decision in Cheshire West in the context of guardianship. Mr L, who had mild to moderate learning disabilities, was made subject to the guardianship of his local authority. Both parties […]
Acting as a Litigation Friend in the ...
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, RPRs and other advocates (as well as family members and friends of putative ‘P’s) considering acting as litigation friends in the Court of Protection. The guidance has now been published, […]
November Mental Capacity Law Newslett...
This month’s Mental Capacity Law Newsletters are now out. Highlights include: 1. In the Health, Welfare and Deprivation of Liberty Newsletter: an update on judicial authorisations of deprivation of liberty and two difficult cases, one involving the MHA and the MCA, and the other capacity to consent and to contact. 2. In the Property and […]
