May 2016 – Mental Capacity Law and Policy

Mental Health Lawyers Association COP conference – nearly upon us

A reminder that there are only a couple of weeks to go until the 3rd annual MHLA COP conference in Manchester on 24 June. … Read More ›

Law Commission Interim Statement on MCA/DOLS now published

The Law Commission has just published an interim report upon its Mental Capacity and Deprivation of Liberty project, to which I am on secondment. The … Read More ›

Case comments, Deprivation of liberty

Private deprivations of liberty, deputies, and the state

In Staffordshire County Council v SRK & Ors [2016] EWCOP 27, Charles J has grappled with the thorny question of when the state’s positive obligations … Read More ›

The Use of Physical Intervention and Restraint: Helpful or Harmful? Seminar 13 June

My admirable colleague Tor Butler-Cole is co-organising with Leigh Day solicitors and speaking at this seminar on 13 June on use of physical intervention and … Read More ›

Legislative developments

Assisted Decision-Making (Capacity) Act

Patricia Rickard-Clarke has kindly given me permission to reproduce here the article that she wrote for the May edition of the 39 Essex Chambers Newsletter … Read More ›

Book Reviews: vulnerability in principle, law and practice

Adult Protection and the Law in Scotland (Nicola Smith and Nairn R Young, ed Hilary Patrick, Bloomsbury Professional, 2016, paperback/ebook: c£44), and Vulnerable Adults and … Read More ›

39 Essex Chambers April Mental Capacity Reports out
April 16, 2019
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity …Read More »
39 Essex Chambers Best Interests guide updated
April 16, 2019
Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable …Read More »
Seize the day, or lose the person
April 16, 2019
In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between …Read More »
Accredited Legal Representatives Pilot
April 12, 2019
The Law Society have been in discussions with HMCTS regarding the issues related to the appointment process for ALRs, which has …Read More »
LPS update – back to the Lords on 24 April
April 11, 2019
The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages …Read More »

Sitting: 24/04/2019 April 11, 2019
Mental Capacity (Amendment) Bill [HL]: House of Lords Consideration of Commons amendments
Publication: HL Bill 171(a) Motions for consideration of Commons amendments April 8, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171(a) Motions for consideration of Commons amendments
Publication: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment April 3, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment
Publication: Speaker's Signed Certificate April 3, 2019
Mental Capacity (Amendment) Bill [HL]: Speaker's Signed Certificate
Sitting: 02/04/2019 April 3, 2019
Mental Capacity (Amendment) Bill [HL]: House of Commons Consideration of Lords amendments

Case (Appointment of property and affairs deputy). NKR v The Thomson Snell And Passmore Trust Corporation Ltd [2019] EWCOP 15
— "The application before the Court is for the discharge of the appointment of an existing professional property and affairs deputy, and the appointment of another instead. The discharge of the current deputy is agreed but there is an issue as to who should be appointed instead. ... In the matter of Re AS; SH […]
Advance decision-making. Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162
— Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to […]
Draft sentencing guidelines. Sentencing Council, 'Sentencing Offenders with Mental Health Conditions or Disorders' (draft guidance, 9/4/19)
— These are the draft guidelines in relation to Sentencing Council, 'Sentencing offenders with mental health conditions or disorders consultation' (consultation from 9/4/19 to 9/7/19).
Mental health sentencing consultation. Sentencing Council, 'Overarching Principles: Sentencing Offenders with Mental Health Conditions or Disorders: Consultation' (9/4/19)
— Extract from introduction: "The Council has developed a draft guideline for courts to use when sentencing offenders with mental health conditions, neurological impairments or development disorders. The aim of the guideline is to consolidate and explain information which will assist courts to pass appropriate sentences when dealing with offenders who have either a mental […]
Consultation. Sentencing Council, 'Sentencing offenders with mental health conditions or disorders consultation' (consultation from 9/4/19 to 9/7/19)
— "The Sentencing Council is issuing a new consultation on its proposed guideline on sentencing offenders with mental health conditions or disorders.", "The Sentencing Council is issuing a new consultation on its proposed guideline on sentencing offenders with mental health conditions or disorders."

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