December 2015 – Mental Capacity Law and Policy

4th World Congress on Adult Guardianship Law

The 4th World Congress on Adult Guardianship will be held under the auspices of the German Federal Minister of Justice and Consumer Protection, Heiko Maas, in Erkner … Read More ›

Case comments, Comments

So that was 2015 – a mini-review of the year

I think that it can properly be said that 2015 was the year that the MCA, if it did not reach adulthood, then at least … Read More ›

‘Safeguarding Adults and Legal Literacy’: new seminar series investigating the impact of the Care Act

I am very pleased to announce an ESRC funded project with which I am involved – the Safeguarding Adults and Legal Literacy (or ‘SALLY’) series … Read More ›

December Newsletters now not only out but accessible

Apologies – a technical glitch earlier meant readers could not access the newsletters; this has now been resolved. I am now re-posting so that … Read More ›

Book reviews: Care Act Manual (2nd edition) and Deprivation of Liberty: A Handbook

I have finally managed to find the time to review two books that have been provided to me: Care Act Manual: 2nd edition: Tim Spencer-Lane … Read More ›

Case comments, Medical treatment

St George’s and the powers of the court

Newton J has very recently authorised the publication of the order he made in St George’s Healthcare NHS Trust v P & Q [2015] EWCOP … Read More ›

Capacity, Case comments, Mental Health, Practice and Procedure

Next month’s newsletter is getting longer and longer

The judiciary have been going into overdrive. Since my last mini news update, not only will be reporting upon the vitally important case of Re … Read More ›

Care homes and contact restrictions arising out of COVID-19: the Court of Protection pronounces
April 2, 2020
In BP v Surrey County Council & Anor [2020] EWCOP 17, Hayden J had to grapple with the impact of …Read More »
National Mental Act Forum webinar 1 April: recording now available
April 2, 2020
The recording of the first NMCF COVID-19 rapid response webinar held on 1 April 2020 is now available here, along …Read More »
Message from the National Mental Capacity Forum
March 31, 2020
I reproduce below a message from the National Mental Capacity Forum Executive Committee Dear Friends of the National Mental Capacity …Read More »
Guidance on remote access to the Court of Protection
March 31, 2020
The Vice-President, Hayden J, has issued on 31 March detailed guidance about remote access to the Court of Protection, including …Read More »
39 Essex Chambers Rapid Response Guidance Note: COVID-19, social distancing and mental capacity
March 31, 2020
In the first of what we anticipate will be a series of Rapid Response Guidance Notes, a core group at …Read More »

MHT video hearings. Mental Health Tribunal, 'Video Conference Hearings' (6/4/20)
— From 13/4/20 all cases will be listed as video hearings using the Common Video Platform (CVP), instead of telephone hearings. Telephone hearings had taken longer and made communication more difficult, and it is hoped that video hearings will be an improvement.
MHT coronavirus update. Mental Health Tribunal, 'Message from the Deputy Chamber President' (2/4/20)
— This message includes the following information: (1) the tribunal is prioritising urgent hearings; (2) the administration should only be contacted if necessary; (3) the tribunal cannot currently make directions for reports.
Event. Bond Solon: Acting lawfully and ethically under Coronavirus Act 2020 (webinar, 6/4/20)
—This intensive short course focussing on the practical application of the Act was created in order to assist practitioners to make decisions lawfully and ethically and to feel more confident in their decision-making. Time: 1400 hrs. Cost: £45 plus VAT. See Bond Solon website for further details and booking information.
Care Act "easements". DHSC, 'Care Act easements: guidance for local authorities' (1/4/20)
— "This guidance sets out how Local Authorities can use the new Care Act easements, created under the Coronavirus Act 2020, to ensure the best possible care for people in our society during this exceptional period." The first sentences of the changes (which are each followed by "however"-type sentences) are: (1) Local Authorities will not […]
Parole Board guidance. Parole Board, 'Further guidance to members' (1/4/20)
— (1) A panel can now make these decisions at MCA (Member Case Assessment): (a) to release or recommend transfer to open conditions in appropriate cases on the papers; (b) to refuse release or decline transfer to open conditions in appropriate cases on the papers; (c) to direct a case to an oral hearing. (2) […]

X, R (On the Application Of) v The Ealing Youth Court [2020] EWHC 800 (Admin) (03 April 2020)0
From England and Wales High Court (Administrative Court) Decisions
Sunderland City Council v AS & Ors [2020] EWCOP 13 (20 March 2020)0
From England and Wales Court of Protection Decisions
HU194592018 [2020] UKAITUR HU194592018 (20 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12 (11 March 2020)0
From England and Wales Court of Protection Decisions
A Healthcare B NHS Trust v CC [2020] EWHC 574 (Fam) (11 March 2020)0
From England and Wales High Court (Family Division) Decisions
HU133002017 [2020] UKAITUR HU133002017 (9 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
HU229062018 [2020] UKAITUR HU229062018 (6 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
PM v Midlands Partnership NHS Foundation Trust (error of a point of law) [2020] UKUT 69 (AAC) (5 March 2020)0
From Upper Tribunal (Administrative Appeals Chamber)
PA052452018 [2020] UKAITUR PA052452018 (2 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) (28 February 2020)0
From England and Wales High Court (Queen's Bench Division) Decisions

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