December 2014 – Mental Capacity Law and Policy

Chief Coroner’s Guidance on DOLS [Now superseded]

[Note – this guidance has now been superseded by new guidance (16A) available here. It has been kept as a historical reference, but should not … Read More ›

COVID-19 Vaccination and the MCA – the first Court of Protection judgment
January 27, 2021
In E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection, Hayden J, has given the first reported …Read More »
“Personal examination” and the MHA – FAQs following the Devon judgment
January 26, 2021
Having received lots of emails about this case since it was handed down on Friday, here are some further thoughts …Read More »
LPS – background and walkthrough
January 22, 2021
As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the …Read More »
“Personal examination” means “personal examination” within the MHA
January 22, 2021
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has …Read More »
In conversation with Dr Idris Baker – what is a decision?
January 20, 2021
In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is …Read More »

Case ("Personally seen" and "personally examined" require physical presence). Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin)
— In this case the Trust sought declarations that the s12 requirement that a medical practitioner must have "personally examined" a patient before completing a medical recommendation and the s11 requirement that an AMHP must have "personally seen" the patient before making an application (both requirements being in relation to s2, 3, 4 and 7) […]
Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
— (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
— This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
— "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

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