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 ›

Personal welfare deputies – to appoint or not?
June 26, 2019
The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare …Read More »
Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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