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 ›

5 reflections on law reform (and over and out for now)
December 19, 2018
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head …Read More »
39 Essex Chambers Mental Capacity Report end of term email
December 19, 2018
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
December 17, 2018
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, …Read More »
The thinnest of legal ice – restricting contact and the MCA
December 16, 2018
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were …Read More »
Attorneys, neglect and the shortcomings of s.44 MCA
December 15, 2018
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of …Read More »

Publication: Consideration in Committee: Selection 3 January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Consideration in Committee: Selection 3
Publication: Committee Debate: 4th sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 4th sitting
Publication: Committee Debate: 3rd sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 3rd sitting
Publication: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
Publication: Written Evidence: The Relatives and Residents Association (MCAB61) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: The Relatives and Residents Association (MCAB61)

Article. Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19)
— This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.
Article. Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18)
— This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.
Article. Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18)
— This article considers the MHA Review's recommendations in relation to hospital managers' hearings.
Article. Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18)
— This article discusses the fact that the MHA Review does not recommend merging s2 and s3.
Conditional discharge/DOL guidance. HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
— The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution […]

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