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 ›

5 reflections on law reform (and over and out for now)
December 19, 2018
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head …Read More »
39 Essex Chambers Mental Capacity Report end of term email
December 19, 2018
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
December 17, 2018
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, …Read More »
The thinnest of legal ice – restricting contact and the MCA
December 16, 2018
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were …Read More »
Attorneys, neglect and the shortcomings of s.44 MCA
December 15, 2018
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of …Read More »

Publication: Consideration in Committee: Selection 3 January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Consideration in Committee: Selection 3
Publication: Committee Debate: 4th sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 4th sitting
Publication: Committee Debate: 3rd sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 3rd sitting
Publication: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
Publication: Written Evidence: The Relatives and Residents Association (MCAB61) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: The Relatives and Residents Association (MCAB61)

Article. Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19)
— This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.
Article. Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18)
— This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.
Article. Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18)
— This article considers the MHA Review's recommendations in relation to hospital managers' hearings.
Article. Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18)
— This article discusses the fact that the MHA Review does not recommend merging s2 and s3.
Conditional discharge/DOL guidance. HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
— The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution […]

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