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 ›

Mental Health Act review supporting documents
February 15, 2019
The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. …Read More »
39 Essex Chambers February Mental Capacity Report
February 12, 2019
After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
February 9, 2019
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a …Read More »
5 reflections on law reform (and over and out for now)
December 19, 2018
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head …Read More »
39 Essex Chambers Mental Capacity Report end of term email
December 19, 2018
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »

Publication: Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77) January 23, 2019
Mental Capacity (Amendment) Bill [HL]: Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77)
Publication: Written evidence: Catherine Brewin (MCAB78) January 23, 2019
Mental Capacity (Amendment) Bill [HL]: Written evidence: Catherine Brewin (MCAB78)
Publication: Written evidence: Wendy and Graham Enderby (MCAB76) January 23, 2019
Mental Capacity (Amendment) Bill [HL]: Written evidence: Wendy and Graham Enderby (MCAB76)
Publication: Written evidence: Challenging Behaviour Foundation (MCAB75) January 23, 2019
Mental Capacity (Amendment) Bill [HL]: Written evidence: Challenging Behaviour Foundation (MCAB75)
Publication: Written evidence: Tom Grace (MCAB74) January 23, 2019
Mental Capacity (Amendment) Bill [HL]: Written evidence: Tom Grace (MCAB74)

Case (Medical treatment, including CPR). University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39
— "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be […]
Event. MHLA: Panel course - Leeds, 6/3/19 and 7/3/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
Event. MHLA: Panel course - London, 27/2/19 and 28/2/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
Legislation. Mental Health (Northern Ireland) (Amendment) Order 2018
— This Order amends Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 1986. The pre-existing situation "could have [had] the effect that a patient who is detainable for assessment, in accordance with Article 4, is discharged before the assessment period is completed even if they meet […]
Parliamentary briefing on Mental Capacity (Amendment) Bill. Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18)
— Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable […]

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