April 2015 – Mental Capacity Law and Policy

MHLA COP conference 3 July

Please all rush at once to register for the Mental Health Lawyers Association 2nd annual COP Conference, to be held on 3 July 2015 in London, with … Read More ›

Mental Capacity Act Steering Group documents

With thanks to Niall Fry of DH, you can find here the system statement of ambition for the Mental Capacity Act Steering Group, the expectations … Read More ›

Voting, mental health and mental capacity

A short topical post to add to the mix in the seemingly endless General Election campaign to draw your attention to two things: (1) the … Read More ›

Deprivation of Liberty Guidance now out!

The guidance on deprivation of liberty which I have been working with Neil Allen, Sophy Miles, Paula Scully and Beverley Taylor has now been published by the Law Society. The … Read More ›

Case comments, Deprivation of liberty

‘Baby Bournewood’?

In D (A Child) (Deprivation of Liberty) [2015] EWHC 922 (Fam), Keehan J has considered the question of the application of the ‘acid test’ to those … Read More ›

April Mental Capacity Law Newsletters now out

Highlights this month include: In the Health, Welfare and Deprivation of Liberty Newsletter: ‘baby Bournewood?’, an update on the long-awaited Guidance on Deprivation of Liberty, … Read More ›

A new Journal – papers please (and access to a rich archive)

I’m delighted to announce that the International Journal of Mental Health and Mental Capacity Law is now open for business. Rising phoenix-like from the ashes … Read More ›

International Protection of Adults – the book is finally out

For all those with an interest in cross-border and comparative capacity issues, I’m delighted to announce that The International Protection of Adults, the book that … Read More ›

ADASS DoLS form guidance

The DoLS Forms Guidance to accompany the ADASS revised forms is now ready; it has yet to make its appearance on the ADASS website, but … 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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