February 2017 – Mental Capacity Law and Policy

Research of interest

Second issue of International Journal of Mental Health and Capacity Law now out

The second issue is now out, edited by Daniel Wang, Ruth Fletcher, Catherine Penny, Richard Ashcroft and I. The articles include: Disability, Deprivation of Liberty and … Read More ›

Research of interest

New research report: The Participation of P in Welfare Cases in the Court of Protection

A huge – and hugely impressive – report on the participation of P has just been published by Cardiff University’s team (Lucy Series, Phil Fennell … Read More ›

FICM/ICS Guidance on MCA and DoLS in ICU

The Faculty of Intensive Care Medicine/Intensive Care Society have prepared summary guidance on MCA and DoLS in light of the Ferreira judgment. A fuller discussion … Read More ›

Message from the National Mental Capacity Forum
March 31, 2020
I reproduce below a message from the National Mental Capacity Forum Executive Committee Dear Friends of the National Mental Capacity …Read More »
Guidance on remote access to the Court of Protection
March 31, 2020
The Vice-President, Hayden J, has issued on 31 March detailed guidance about remote access to the Court of Protection, including …Read More »
39 Essex Chambers Rapid Response Guidance Note: COVID-19, social distancing and mental capacity
March 31, 2020
In the first of what we anticipate will be a series of Rapid Response Guidance Notes, a core group at …Read More »
Public health restrictions and capacity
March 29, 2020
Two sets of regulations brought into force in the past week have radically changed the legal landscape in England & …Read More »
Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
March 27, 2020
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on …Read More »

Case (Lawfulness and availability of treatment). PM v Midlands Partnership NHS Foundation Trust [2020] UKUT 69 (AAC)
— The tribunal had been wrong to find that appropriate medical treatment was "available" for a CTO patient for whom the lack of a SOAD certificate meant that two days after the hearing her treatment could not lawfully be given (unless she were to be recalled to hospital and the administration of her depot were […]
MHT update including listing. Mental Health Tribunal, 'Further update on coronavirus situation' (1/4/20)
— (1) All hearings have been postponed for community patients (CTO and conditional discharge), unless they have already been listed for paper review, until the revocation of the coronavirus pilot PD, or earlier if the tribunal directs. (2) Section 2, conditional discharge recall, and CAMHS cases are the priority for listing; other cases were not […]
LAA coronavirus guidance update
— The 27/3/20 update to this guidance states (in relation to situations where a client's signature cannot be obtained): "For avoidance of doubt, supervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes." See Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid […]
Summary of capacity assessment briefing note. Alex Ruck Keene, 'Going beyond the Mental Capacity Act in assessing capacity: recognising and overcoming biases and stereotypes' (The Mental Elf, 26/3/20)
— This blog post summarises Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20).
Academic briefing note about assessment of mental capacity. Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20)
— "Mental health and social care professionals routinely assess the capacity of people to make decisions about their lives, in accordance with the Mental Capacity Act 2005 (MCA). The briefing note outlines how the functional approach to testing capacity in the MCA underdetermines decisions, describing the risks for stereotypes and assumptions to affect outcomes. It […]

Sunderland City Council v AS & Ors [2020] EWCOP 13 (20 March 2020)0
From England and Wales Court of Protection Decisions
A Healthcare B NHS Trust v CC [2020] EWHC 574 (Fam) (11 March 2020)0
From England and Wales High Court (Family Division) Decisions
The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12 (11 March 2020)0
From England and Wales Court of Protection Decisions
HU133002017 [2020] UKAITUR HU133002017 (9 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
HU229062018 [2020] UKAITUR HU229062018 (6 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
PA052452018 [2020] UKAITUR PA052452018 (2 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) (28 February 2020)0
From England and Wales High Court (Queen's Bench Division) Decisions
Sherwood Forest Hospitals NHS Foundation Trust v C [2020] EWCOP 10 (27 February 2020)0
From England and Wales Court of Protection Decisions
Rodi, R. v [2020] EWCA (Crim) 330 (26 February 2020)0
From England and Wales Court of Appeal (Criminal Division) Decisions
Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) (21 February 2020)0
From England and Wales High Court (Queen's Bench Division) Decisions

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