August 2015 – Mental Capacity Law and Policy

Case comments, Practice and Procedure

Section 49 reports – the thorny issues

A cross-post to the Court of Protection Handbook site, where I have just written about the very recent decision in Re RS on s.49 reports.

Legislative developments, Research of interest

“Three Jurisdictions” CRPD project is ‘go’

I am very pleased to be able to share the news that funding has been secured for a project (led by the Essex Autonomy Project) … Read More ›

MCA 2005 10 years on – a few conference spaces still available

Fresh back from New Zealand (and fired up with comparative thoughts), I will be speaking on “(Re)presenting P” at a conference organised by the University … Read More ›

Research of interest

VOICES Project launched at the Centre for Disability Law and Policy

From NZ, where I’m just finishing up teaching a fascinating (to me!) course on vulnerable adults rights protection at Auckland University, news of a project … Read More ›

Basic guide to the Court of Protection and glossary
July 8, 2020
With thanks to Victoria Butler-Cole QC, upon whose excellent 2013 work we have built, a small team comprising her, Sarah …Read More »
39 Essex Chambers Best Interests Guide updated
July 8, 2020
The best interests guide we do in Chambers has been updated to take account of developments since the last iteration …Read More »
Testing, capacity and COVID-19 – shedinar
July 7, 2020
I have recorded a shedinr under the auspices of the National Mental Capacity Forum on testing for COVID-19 with Chelle …Read More »
The ‘light-touch’ lockdown in England from 4 July
July 3, 2020
The Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations, which came into force on 4 July, change, yet again, the legal …Read More »
Deprivation of liberty and 16-17 year olds – practice guidance
July 1, 2020
With huge thanks to Research in Practice for making this freely available, Camilla Parker and I have written practice guidance …Read More »

Case (Capacity to make tribunal application). SM v Livewell Southwest CIC [2020] UKUT 191 (AAC)
— (1) This majority decision confirmed that the test for capacity to make a tribunal application stated in the VS case was correct (that the patient must understand that she is being detained against her wishes and that the First-tier Tribunal is a body that will be able to decide whether she should be released). […]
Case (Habitual residence). Re QD (No.2) [2020] EWCOP 14
— A legal deadlock had arisen: (a) the English court did not have primary jurisdiction, as QD was habitually resident in Spain; (b) the Spanish court would not exercise its jurisdiction unless QD were in Spain; (c) there was no obligation to return QD there. The coronavirus travel bans meant an "urgent" decision under MCA […]
Case (Habitual residence). Re QD [2019] EWCOP 56
— QD, who had dementia, was living in Spain with his second wife when adult children from his first marriage flew him to England by stealth. The children unsuccessfully argued that: (a) he was now habitually resident in England, so the MCA applied in the usual way; (b) removal was justified under the common law […]
Case (Capacity - DOL). Sunderland City Council v AS [2020] EWCOP 13
— (1) The court decided that a CTO patient lacked capacity in all relevant areas (litigation, residence, care and contact). When giving oral evidence the jointly-instructed psychologist changed her mind on: litigation capacity (initially she thought AS had litigation capacity while not having subject matter capacity), residence (she placed insufficient weight on 'structure and routine', […]
Case (Recognition of foreign protective measure). Health Service Executive of Ireland v Moorgate [2020] EWCOP 12
— (1) The necessary criteria were met for the recognition and enforcement of protective measures contained in an order made by the Southern Irish High Court which authorised the patient's transfer from a London hospital to a specialist hospital in Leeds. (2) An appendix entitled "Domestic regimes applicable to SM and those in her position" […]

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