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 ›

The inherent jurisdiction and costs
October 23, 2019
In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made …Read More »
Prolonged disorders of consciousness: national clinical guidelines – developments and conference
October 21, 2019
The Royal College of Physicians are in the process of updating their guidance on the management of patients in prolonged …Read More »
39 Essex Chambers October Mental Capacity Report
October 18, 2019
The October 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare …Read More »
The Irish Bournewood?
October 17, 2019
In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish …Read More »
The CRPD Committee and legal capacity – a step forwards?
October 14, 2019
The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India, …Read More »

Job advert. Prospect Park Hospital, Reading - Mental Health Act Team Leader (closing date 7/11/19).
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Panel interview procedure clarification
— The Law Society website (at the time of writing, 18/10/19) states that "there will not be an opportunity consult any reference materials during the interview itself", despite the guidance document stating that "[a]pplicants may make use of books and other reference material when preparing the case study and may take these and any notes […]
Case (Withdrawal of life-sustaining treatment - transfer to Italy). Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin)
— This judgment related to: (a) the child's (Tafida's) judicial review of the Trust's decision not to agree to transfer her to an Italian hospital; (b) the Trust's application for a specific issue order under s8 Children Act 1989, and for an inherent jurisdiction declaration, that it was in the child's best interests for life-sustaining […]
Case (Sentence appeal - s45A). R v Yuel [2019] EWCA Crim 1693
— (1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm […]
Speakers added to Edge 2019 AMHP conference listing
— Speakers include: Rhys Hadden (An introduction to Coroners court and inquests - what an AMHP needs to know); Claire Barcham (Learning from research: Managing the interface between MHA assessments and custody); Robert Lewis; Steve Gilbert; Steven Richards (DOLS - A new beginning? The Liberty Protection Safeguards). Chaired by Christine Hutchison, Director of Edge Training […]

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