March 2016 – Mental Capacity Law and Policy

Inaugural UK Mental Disability Law Conference 2016 – call for papers and registration now open

Mental disability law (including both mental health law and mental capacity law) in the UK has come into its own in recent years, and there … Read More ›

CoPPA London seminar 20 April

I am speaking at the Court of Protection Practitioners Association London Sub-Group event on 20 April on News from the Rule Committee. Also speaking, on the … Read More ›

Legislative developments

“Refreshed” Care Act guidance published

The “refreshed” (ie corrected and updated) statutory guidance has now been published. It takes account of regulatory changes, feedback from stakeholders and the care sector … Read More ›

Case comments, Deprivation of liberty

What to do, what to do – the procedural implications of Cheshire West

A cross-post here to my fellow author Sophy Miles’ excellent post on the Court of Protection Handbook site on the two judgments handed down today … Read More ›

Powers of attorney, care homes, best interests and deprivation of liberty

I have been asked by a good BIA (you know who you are!) to write something about powers of attorney, care homes and best interests. … Read More ›

Court of Protection Handbook second edition – your chance to make a difference

In between our various day jobs, my co-authors and I are setting the wheels in motion to produce a second edition of the Court of Protection … Read More ›

Legislative developments

Transparency Guidance further updated

Here is the link to a further iteration of the transparency guidance accompanying the pilot, dealing with anonymisation of local authorities and other matters. This … Read More ›

Case Management Pilot Draft published

The long-awaited case management pilot has now been published in draft form for comment and consideration before it goes live in June of this year. … Read More ›

National Mental Capacity Forum – Chair’s report
August 13, 2020
The fourth annual report by the Chair of the NMCF, Baroness Ilora Finlay, was published on 12 August. Had I …Read More »
Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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