August 2016 – Mental Capacity Law and Policy

Case comments, Comments, Cross-border

Extending the great safety net

In Al-Jeffery v Al-Jeffery (Vulnerable Adult: British Citizen) [2016] EWHC 2151 (Fam), Holman J has confirmed for the first time that the High Court can exercise its … Read More ›

CQC Experts by Experience vacancies in Greater London and South

Today is my day for recruitment – this time for assisting finding Experts by Experience for CQC inspections in the Greater London and South Area. … Read More ›

Three lawyer positions at the Official Solicitor’s office

Three lawyer vacancies at the OS are currently being advertised, with a closing date of 21 September 2016. There are two posts in healthcare and welfare and … Read More ›

Legislative developments

Case Management, s.49 and Transparency Pilot updates (and the COP Handbook 2nd edition…)

A cross-post to my post on this on the Court of Protection Handbook website (which gives me the opportunity shamelessly to plug the second edition … Read More ›

August Mental Capacity Law Newsletters now out

The August 2016 Newsletters are now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Newsletter: covert medication and deprivation and … Read More ›

Financially Safe and Secure? Conference in Northern Ireland

Action on Elder Abuse (AEA) Northern Ireland is delivering its first national conference, supported by the Commissioner for Older People for Northern Ireland (COPNI) and … Read More ›

Sensory Sensitivity and Hygiene – help wanted

Peter Bates, whose admirable Vile Bodies (free) ebook on self-neglect I cannot recommend highly enough, is after help developing a specific aspect of the book. He … Read More ›

National Mental Capacity Forum – Chair’s report
August 13, 2020
The fourth annual report by the Chair of the NMCF, Baroness Ilora Finlay, was published on 12 August. Had I …Read More »
Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

Username
Password

	Remember Me Lost your password? Register