May 2015 – Mental Capacity Law and Policy

Your MCA rights on (almost) one page

With thanks to Niall Fry of DH, you will find here the PDF of the MCA rights cards that DH has produced which can be ordered in … Read More ›

Miscellaneous

Precedent orders – now updated

As some will have already discovered, the COP Handbook website includes a suite of (free) precedent orders. We have recently updated a number of the precedent orders … Read More ›

Case comments, Practice and Procedure

The Court of Protection comes of age

A cross-post to the summary and comment on the extremely important Court of Appeal decision in Re MN handed down earlier today as to the … Read More ›

39 Essex Chambers January 2021 Mental Capacity Report
January 15, 2021
The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include; …Read More »
Mental Capacity in the MHA – the White Paper
January 14, 2021
Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
Mental Health Act reform – the next stage
January 14, 2021
The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »
Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision
January 11, 2021
The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been …Read More »
Lockdown 3.0 regulations summary
January 6, 2021
With effect from 6 January 2021 and until 31 March 2021 (unless brought to an earlier end), all parts of …Read More »

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; […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
— "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; […]
DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
— "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."
New legal aid forms. LAA, 'Changes to Privacy Notices on Legal Aid Forms' (11/1/21)
— This web page sets out recent changes made to some Legal Aid forms, and states that the LAA would prefer the new versions to be used as soon as possible but will accept previous versions until 31/3/21.

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