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 ›

Full text of Mental Capacity (Amendment) Act 2019 now published
May 17, 2019
The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being …Read More »
Who are they? Where are they? ‘Invisible’ locked up children
May 17, 2019
In a powerful and wide-ranging report published by the Children’s Commissioner on 16 May entitled “Who are they? Where are …Read More »
39 Essex Chambers May Mental Capacity Reports
May 16, 2019
The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights …Read More »
An Act is passed – the LPS Bill gets Royal Assent
May 16, 2019
Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details …Read More »
Sexual relations, rights and capacity
May 14, 2019
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 …Read More »

Case (Police use of force). Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB)
— "I recognise that this was a challenging situation for the police officers. They were faced with an individual who presented as very angry, covered in blood and with whom they were unable to communicate. Prior to Andrew Gilchrist's explanation, their assumption that Michael Gilchrist was an aggressor who, probably, had assaulted someone and needed […]
Case (Capacity to consent to sex with husband). London Borough of Tower Hamlets v NB [2019] EWCOP 17
— "There is also evidence that indicates that NB very much enjoys the status of marriage, is affectionate to her husband [AU] and, on occasion, initiates sexual relations. This appears consistent with Ms Wilson's observations as long ago as 1996. The primary issue before the Court is whether NB truly has the capacity to consent […]
Case (Capacity and ability to communicate). Patel v Arriva Midlands Ltd [2019] EWHC 1216 (QB)
— "Dr Fleminger's assessment was: 'Whether or not he can understand what information he is given and use and weigh this information in the balance to make decision, he is unable to communicate any decision he has made. Whether or not he regains capacity in the future depends on the outcome of his conversion disorder'. […]
Case (Inquest and DOLS). R (Maguire) v United Response [2019] EWHC 1232 (Admin)
— "First, the claimant contends that the defendant erred in law by determining at the end of the evidence that article 2 no longer applied under Parkinson, thereby prejudging a matter that should have been left to the jury. Secondly, the Coroner erred in law by determining that the jury should not be directed to […]
Summary of LPS legislation passage through Parliament. Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19)
— In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t […]

Username
Password

	Remember Me Lost your password? Register