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 has addressed the question of the extent to which the ‘acid test’ applies in the ICU setting. We will have a full report upon the case and the two very […]
Monthly archives for October, 2015
Call for papers – IJMHCL specia...
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 be published in 2016. The special edition builds upon a conference held in September 2015 at Senate House in London: ‘Rethinking Deprivation of Liberty in a Health and Social Care […]
Law Commission deprivation of liberty...
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 response to their consultation paper, and would like to, please do so – no matter how short, the input of legal practitioners and front-line professionals (of all kinds) is absolutely necessary […]
Seminar: capacity, competence, client...
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 to be a very interesting evening: click here for full information and booking details.
New DH letter to MCA/DOLS leads inclu...
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 to matters MCA/DOLS related, it also includes an annex with the consolidated guidance of the DH as to the application of Cheshire West and the operation of DOLS.
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 case. For those of you thinking you have already heard this, all is explained in the judgment which is distinctly pithy. More on this from the newest (and very welcome) […]
Wishes, feelings and best interests d...
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 the Elder Law Journal (co-written with Cressida Auckland, a DPhil candidate at the University of Oxford). I made reference to it in my comment on the inspirational Wye Valley case […]
October Mental Capacity Law Newslette...
The October Mental Capacity Law Newsletters are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: further upheaval in the Re X procedure, a paradigm best interests decision, clarity as to CTOs and a further clash between the COP and public law; Please click here for the […]
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 the journey to recognising the dangers of treating capacity as a cliff-edge off which one falls into the clinging embrace of paternalism. The case concerned Mr B, a 73 year old […]
