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 ›

Shedinar – the MCA and 16/17 year olds
January 18, 2021
In this shedinar, I look at the MCA and 16/17 year olds. This is a complicated area, so this can …Read More »
When is a refusal by a 16 or 17 year old of treatment determinative?
January 18, 2021
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the …Read More »
39 Essex Chambers January 2021 Mental Capacity Report
January 15, 2021
The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include; …Read More »
Mental Capacity in the MHA – the White Paper
January 14, 2021
Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
Mental Health Act reform – the next stage
January 14, 2021
The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »

Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
— (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
— This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
— "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

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