December 2016 – Mental Capacity Law and Policy

Best interests, Case comments, Medical treatment

Briggs: case analysis

I reproduce here an updated version of the case summary and comment on the case of Briggs v Briggs [2016] EWCOP 53 that appeared in the December 2016 … Read More ›

SRK: Court of Appeal dismisses appeal

The Court of Appeal has dismissed the Secretary of State’s appeal against the decision of Charles J in Re SRK [2016] EWCOP 27. By way … Read More ›

Research of interest

The MCA 2005 Ten Years On – Medical Law Review special issue published

A special (open-access) issue of the Medical Law Review has just been published, based upon papers delivered at a conference held by the University of … Read More ›

Court of Protection Handbook Second Edition now out!

My fellow editors and I are very pleased to announce that the second edition of the Court of Protection Handbook is now available from the … Read More ›

Best interests, Case comments, Medical treatment

Briggs: best interests and treatment withdrawal

The substantive decision in the case of Briggs has just been handed down. We will have full analysis and comment in our (increasingly full) 39 Essex … Read More ›

Book Review: “The Modern Judge: Power, Responsibility and Society’s Expectations”

The Modern Judge: Power, Responsibility and Society’s Expectations (Sir Mark Hedley, Jordan Publishing, 2016, paperback, book and ePDF £20.00) In The Modern Judge: Power, Responsibility … Read More ›

International Conference – The Advocate’s Gateway

The Advocate’s Gateway Second International Conference will take place on Friday 2nd and Saturday 3rd June 2017. Called Access to Justice for Vulnerable People, the conference will … Read More ›

PVS/MCS and the courts: a further contribution

In an open access article published today (16 December) in the Journal of Medical Ethics, Lynne Turner-Stokes makes a further important contribution to the debate … 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 »
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
December 17, 2018
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, …Read More »
The thinnest of legal ice – restricting contact and the MCA
December 16, 2018
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were …Read More »
Attorneys, neglect and the shortcomings of s.44 MCA
December 15, 2018
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of …Read More »

Publication: Consideration in Committee: Selection 3 January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Consideration in Committee: Selection 3
Publication: Committee Debate: 4th sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 4th sitting
Publication: Committee Debate: 3rd sitting January 21, 2019
Mental Capacity (Amendment) Bill [HL]: Committee Debate: 3rd sitting
Publication: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
Publication: Written Evidence: The Relatives and Residents Association (MCAB61) January 18, 2019
Mental Capacity (Amendment) Bill [HL]: Written Evidence: The Relatives and Residents Association (MCAB61)

Article. Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19)
— This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.
Article. Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18)
— This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.
Article. Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18)
— This article considers the MHA Review's recommendations in relation to hospital managers' hearings.
Article. Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18)
— This article discusses the fact that the MHA Review does not recommend merging s2 and s3.
Conditional discharge/DOL guidance. HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
— The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution […]

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