September 2016 – Mental Capacity Law and Policy

World Guardianship Congress Report

The 4th World Congress on Adult Guardianship has just been held in Erkner, Germany, and I attended the first (international) part. The congress was attended … Read More ›

LGA MCA/DOLS resources

The Local Government Association MCA/DOLS resources page has been updated recently to include a number of very useful guides, including: “Your Rights” Sheet: a summary … Read More ›

Research of interest

Wellcome Trust Clinical Research position: Supporting Advance Directives in Bipolar Disorder.

As part of a team (Dr Gareth Owen (psychiatry, Institute of Psychiatry, Psychology & Neuroscience), Dr Tania Gergel (mental health ethics), Dr Larry Rifkin (psychiatry, South … Read More ›

Legislative developments

Mandatory report of abuse consultation – not just in relation to children

With thanks to Alison Brammer for pointing this out, the consultation currently open on the possible introduction of mandatory reporting of child abuse and neglect or … Read More ›

Shining a Light Behind Closed Doors

Eleanore Fritze, a deeply impressive lawyer from Victoria in Australia, has written a fascinating, and compelling, report entitled “Shining a Light Behind Closed Doors,” exploring … Read More ›

Conferences, Miscellaneous

Disability Rights UK – events to feed into shadow CPRD report

Disability Rights UK will be writing a shadow report for England and Wales – and for GB – to inform the Committee on the Rights … Read More ›

Basic guide to the Court of Protection and glossary
July 8, 2020
With thanks to Victoria Butler-Cole QC, upon whose excellent 2013 work we have built, a small team comprising her, Sarah …Read More »
39 Essex Chambers Best Interests Guide updated
July 8, 2020
The best interests guide we do in Chambers has been updated to take account of developments since the last iteration …Read More »
Testing, capacity and COVID-19 – shedinar
July 7, 2020
I have recorded a shedinr under the auspices of the National Mental Capacity Forum on testing for COVID-19 with Chelle …Read More »
The ‘light-touch’ lockdown in England from 4 July
July 3, 2020
The Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations, which came into force on 4 July, change, yet again, the legal …Read More »
Deprivation of liberty and 16-17 year olds – practice guidance
July 1, 2020
With huge thanks to Research in Practice for making this freely available, Camilla Parker and I have written practice guidance …Read More »

Case (Habitual residence). Re QD (No.2) [2020] EWCOP 14
— A legal deadlock had arisen: (a) the English court did not have primary jurisdiction, as QD was habitually resident in Spain; (b) the Spanish court would not exercise its jurisdiction unless QD were in Spain; (c) there was no obligation to return QD there. The coronavirus travel bans meant an "urgent" decision under MCA […]
Case (Habitual residence). Re QD [2019] EWCOP 56
— QD, who had dementia, was living in Spain with his second wife when adult children from his first marriage flew him to England by stealth. The children unsuccessfully argued that: (a) he was now habitually resident in England, so the MCA applied in the usual way; (b) removal was justified under the common law […]
Case (Capacity - DOL). Sunderland City Council v AS [2020] EWCOP 13
— (1) The court decided that a CTO patient lacked capacity in all relevant areas (litigation, residence, care and contact). When giving oral evidence the jointly-instructed psychologist changed her mind on: litigation capacity (initially she thought AS had litigation capacity while not having subject matter capacity), residence (she placed insufficient weight on 'structure and routine', […]
Case (Recognition of foreign protective measure). Health Service Executive of Ireland v Moorgate [2020] EWCOP 12
— (1) The necessary criteria were met for the recognition and enforcement of protective measures contained in an order made by the Southern Irish High Court which authorised the patient's transfer from a London hospital to a specialist hospital in Leeds. (2) An appendix entitled "Domestic regimes applicable to SM and those in her position" […]
Case (Treatment despite religious delusions). Sherwood Forest Hospitals NHS Foundation Trust v C [2020] EWCOP 10
— (1) Having previously undergone two hysteroscopies, and initially consented to removal of her ovaries and fallopian tubes, C disengaged, expressed religious views (such as that only God could cure her cancer), and was assessed as lacking capacity. The judge decided that "she clearly lacked capacity and her rejection of the treatment, which is clinically […]

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