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 ›

Essex Autonomy Project research opportunities
October 19, 2020
The Essex Autonomy Project is currently accepting applications to fill two full-time, fixed-term post-doctoral research positions.: One is on the …Read More »
39 Essex Chambers Mental Capacity October Report now out – and walkthrough
October 19, 2020
Welcome to the October 2020 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
When not to recognise a foreign order
October 17, 2020
In Re AB [2020] EWCOP 47, Senior Judge Hilder had to grapple with two difficult questions in the context of …Read More »
DHSC MCA/DoLS COVID-19 guidance updated and walk-through
October 16, 2020
The DHSC’s MCA/DoLS COVID-19 guidance was updated on 15 October, including, in particular, consideration of when face-to-face visits can taken …Read More »
Coronavirus Restrictions – tiered Local Alerts and impaired decision-making capacity
October 14, 2020
With effect from 14 October, restrictions within England are set at one of three levels – medium, high and very …Read More »

Case (Condition removed from conditional discharge). Re E [2020] MHLO 52 (FTT)
— The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had […]
Case (Video tribunal hearing set aside). Re D [2020] MHLO 51 (FTT)
— (1) The decision in this case was set aside because it was not clear whether or not the patient had a reasonable opportunity to hear all the evidence that was given at the hearing: it was not possible to be sure that the patient had a fair hearing. (2) The patient's microphone had been […]
Event. Edge Training: Level 3 Safeguarding Adults (online, 1-2 Feb 2021)
—A single training course delivered in two sessions via live webinar. This Level 3 Safeguarding Adults webinar offers delegates the opportunity to explore the legal framework, which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on […]
Case (Deprivation of liberty during conditional discharge). Birmingham City Council v SR [2019] EWCOP 28
— (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 […]
Social distancing and mental capacity. Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 6/10/20)
— "This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty."

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