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 ›

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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