October 2015 – Mental Capacity Law and Policy

Case comments, Deprivation of liberty

Deprivation of liberty in Intensive Care Units

In an important judgment handed down this morning, R (LF) v HM Senior Coroner for Inner South London [2015] EWHC 2990 (Admin), the Divisional Court … Read More ›

Call for papers – IJMHCL special edition on deprivation of liberty

The International Journal of Mental Health and Capacity Law invites papers for inclusion in a special edition on the topic of Deprivation of Liberty to … Read More ›

Legislative developments

Law Commission deprivation of liberty consultation – one week to go

The Law Commission’s consultation on mental capacity and deprivation of liberty project closes on 2 November, a week today. If you haven’t already submitted a … Read More ›

Seminar: capacity, competence, clients and witnesses 3 November

There are still places available at the (free) multi-disciplinary seminar I am chairing in Chambers on capacity, competence, clients and witnesses on 3 November from 18:00. It promises … Read More ›

New DH letter to MCA/DOLS leads including consolidated guidance on Cheshire West/DOLS

With thanks to Niall Fry, the letter he sent today to MCA/DOLS leads can be found here. In addition to a range of updates as … Read More ›

Deprivation of liberty

Rochdale (again)

A short note to say that the Court of Appeal has allowed (by consent) the appeal against the decision of Mostyn J in the KW … Read More ›

Wishes, feelings and best interests decision-making

With thanks to Jordan’s Publishing for permission to reproduce this, my article on the place of wishes and feelings in best interest decision-making recently appeared in … Read More ›

October Mental Capacity Law Newsletters now out – and seminar announced

The October Mental Capacity Law Newsletters are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: further … Read More ›

Best interests, Case comments, Medical treatment

Capacity is not an off-switch

In Wye Valley NHS Trust v Mr B [2015] EWCOP 60, Peter Jackson J has made clear just how far along we have come on … Read More ›

Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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