A reminder that there are only a couple of weeks to go until the 3rd annual MHLA COP conference in Manchester on 24 June. The keynote speaker will be Mr Justice Charles, Vice-President of the Court of Protection, and other speakers include (in alphabetical order): Joanna Burton, Independent Mental Capacity Advocate Ian Gillman-Smith, Expert […]
Monthly archives for May, 2016
Law Commission Interim Statement on M...
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 report provides a background to the project, a summary of the provisional proposals, a summary of the key messages from the 583 written consultation responses and the public consultation events undertaken […]
Private deprivations of liberty, depu...
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 under article 5 ECHR are engaged. The question arose in the specific context of arrangements made by a deputy administering a personal injury compensation payment, so Charles J’s conclusions may […]
The Use of Physical Intervention and ...
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 restraint in specialist educational and residential settings. The free afternoon seminar will contain an expert discussion of current and future policy and practice, including personal insights from parents and carers […]
Assisted Decision-Making (Capacity) A...
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 outlining the key provisions of the Act recently enacted in the Republic of Ireland which – I suggest – has much to teach those considering law reform in other jurisdictions.
May Mental Capacity Law Newsletters n...
Unusually this month – but proving that we do not simply generate material for the sake of it – we do not have any Health, Welfare and Deprivation of Liberty or Scotland Newsletters because there have been no developments of sufficient note to merit coverage. Note, though, that we are anticipating shortly the interim statement […]
Book Reviews: vulnerability in princi...
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 the Law (Jonathan Herring, Oxford University Press, 2016, £70) Two books that recently arrived for me to review make an interesting contrast in methodology, intended audience, and scope. But both […]
