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 June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »
LPS – (slightly) more flesh on the bones
May 31, 2019
The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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