June 2015 – Mental Capacity Law and Policy

Event in Parliament on Vegetative and Minimally Conscious States

Following up the publication of the Parliamentary Office of Science and Technology (POST)’s excellent Note on Vegetative and Minimally Conscious States, available here, POST have … Read More ›

Addressing the Conundrum: the MCA or the MHA?

The wilds of Schedule 1A to the MCA 2005 are explored in this article to which I contributed under the lead authorship of Dr Oluwatoyin A … Read More ›

Deprivation of liberty developments

The guidance note previously prepared by the editors of the Mental Capacity Law Newsletters has now been updated to take account of this week’s decision … Read More ›

Case comments, Deprivation of liberty

Re X – the Court of Appeal pronounces

A cross-post to the Court of Protection Handbook site for those of you after clarity as to what the Court of Appeal decided today in … Read More ›

Conferences, Miscellaneous

Rethinking Deprivation of Liberty in a Health and Social Care Context

I am really delighted to be able to announce details of a major conference on deprivation of liberty on 30 September to be held in … Read More ›

MHLA Conference 3 July – full programme now announced

The full programme has now been announced for the MHLA’s second annual COP conference on 3 July, as follows. 09:00-09:30 Registration 09:30-09:45 Opening address by … Read More ›

Case comments, Cross-border

Stress testing Schedule 3: cross border placements and the Court of Protection

A cross-post to the Court of Protection Handbook site where I discuss the important decision of Baker J handed down on 3 June about cross-border … Read More ›

Capacity, Case comments, Cross-border

Singapore, the MCAs and undue influence

The Court of Appeal in Singapore in Re BKR [2015] SGCA 26 has handed down a decision that exemplifies the importance and utility of a … Read More ›

National Mental Capacity Forum – Chair’s report
August 13, 2020
The fourth annual report by the Chair of the NMCF, Baroness Ilora Finlay, was published on 12 August. Had I …Read More »
Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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