January 2015 – Mental Capacity Law and Policy

CQC DOLS report for 2013-4 published

The CQC published on 26 January its fifth annual report on the use of the DOLS regime, covering the period 2013-4. It also takes the opportunity … Read More ›

Book Review: Black Rainbow

Black Rainbow: How words healed me – my journey through depression: Rachel Kelly (Yellow Kite, 2014: £16.99) This book does not relate to mental capacity … Read More ›

Legislative developments

Mental Health Act Code of Practice now out

The new Mental Health Act Code of Practice has been published, to come into force in April subject to Parliamentary approval. Importantly, for capacity nerds, … Read More ›

Legislative developments

Department of Health letter on MCA and Deprivation of Liberty

With thanks to Niall Fry of DH for permission to reproduce this, here is a letter sent out to MCA/DOLS leads on 14 January including an … Read More ›

39 Essex Chambers April Mental Capacity Reports out
April 16, 2019
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity …Read More »
39 Essex Chambers Best Interests guide updated
April 16, 2019
Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable …Read More »
Seize the day, or lose the person
April 16, 2019
In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between …Read More »
Accredited Legal Representatives Pilot
April 12, 2019
The Law Society have been in discussions with HMCTS regarding the issues related to the appointment process for ALRs, which has …Read More »
LPS update – back to the Lords on 24 April
April 11, 2019
The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages …Read More »

Sitting: 24/04/2019 April 11, 2019
Mental Capacity (Amendment) Bill [HL]: House of Lords Consideration of Commons amendments
Publication: HL Bill 171(a) Motions for consideration of Commons amendments April 8, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171(a) Motions for consideration of Commons amendments
Publication: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment April 3, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment
Publication: Speaker's Signed Certificate April 3, 2019
Mental Capacity (Amendment) Bill [HL]: Speaker's Signed Certificate
Sitting: 02/04/2019 April 3, 2019
Mental Capacity (Amendment) Bill [HL]: House of Commons Consideration of Lords amendments

Case (Death). Hounslow Clinical Commissioning Group v RW [2019] EWCOP 12
— "This is an application brought by the Hounslow Clinical Commissioning Group concerning RW a 78-year-old man, suffering from vascular dementia. ... I would very much have liked to have been able to endorse a plan which permitted RW to return home. There is no doubt at all, as the history of this case shows, […]
Case (Amputation). East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10
— "This is an application by East Lancashire NHS Trust for orders under the Mental Capacity Act 2005 that PW lacks capacity "to make a decision regarding whether to undergo the leg amputation surgery to address his high risk of sepsis"; and that it is lawful to carry out that surgery having regard to his […]
Case (Damages for unlawful psychiatric detention). PB v Priory Group Ltd [2018] MHLO 74
— A Part 36 offer of £11,500 plus legal costs was accepted in this claim brought for unlawful detention and breach of Article 5. The patient had been detained under s5(2) when not an in-patient, and this section had lapsed for nearly seven hours before detention under s2 began.
Case (Appointment of property and affairs deputy). NKR v The Thomson Snell And Passmore Trust Corporation Ltd [2019] EWCOP 15
— "The application before the Court is for the discharge of the appointment of an existing professional property and affairs deputy, and the appointment of another instead. The discharge of the current deputy is agreed but there is an issue as to who should be appointed instead. ... In the matter of Re AS; SH […]
Advance decision-making. Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162
— Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to […]

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