April 2016 – Mental Capacity Law and Policy

“New” Categories of Abuse: Seminar 20 May

The second of the ESRC funded ‘Safeguarding Adults and Legal Literacy’ (‘SALLY’) seminars with which I am involved investigating the impact of the Care Act … Read More ›

Law at the end of life: conference 7 July 2016

Alongside (but very much in second place to!) Sir Mark Hedley, I will be speaking at the Second Annual Medio-Legal Conference hosted by the University … Read More ›

Best interests, Comments, Medical treatment

Litigation friend or foe?

In NHS Trusts v C [2016] EWCOP 17, C was detained under s.2 of the Mental Health Act 1983 with bipolar affective disorder. She was … Read More ›

Capacity, Case comments, Sexual relations

Sex and the simple test?

In the London Borough of Southwark v KA & Ors [2016] EWHC 661 (Fam), Parker J had to grapple – again – with the question … 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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