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 ›

LPS – where are we, and where are we going?
March 22, 2019
The Mental Capacity (Amendment) Bill is moving towards the end of its Parliamentary journey. If and when comes into force …Read More »
39 Essex Chambers Mental Capacity Assessment Guide updated
March 13, 2019
The Mental Capacity Report editorial team at 39 Essex Chambers have updated our guidance note on capacity assessment. For those …Read More »
39 Essex Chambers March Mental Capacity Reports now out
March 13, 2019
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity …Read More »
Mental Capacity (Amendment) Bill update
February 27, 2019
The Mental Capacity (Amendment) Bill returned to the Lords last night (26 February). The majority of the amendments introduced …Read More »
Capacity, social media and the internet
February 22, 2019
In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B …Read More »

Publication: Bill 345 2017-19, Lords Amendments to the Bill February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Bill 345 2017-19, Lords Amendments to the Bill
Publication: Bill 345 2017-19, Lords Amendments to the Bill February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Bill 345 2017-19, Lords Amendments to the Bill
Publication: Ping Pong (Minutes of Proceedings) February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Ping Pong (Minutes of Proceedings)
Publication: Ping Pong (Hansard) February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Ping Pong (Hansard)
Publication: HL Bill 161-I Marshalled list for consideration of Commons amendments February 25, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161-I Marshalled list for consideration of Commons amendments

Case (Withdrawal of CANH). SS v CCG [2018] EWCOP 40
— "The application seeks a declaration pursuant to section 15 (that it is lawful and in B's best interests for CANH to be withdrawn) and, secondly, an order pursuant to section 16 for such withdrawal and for B to receive palliative care only. If granted, it is anticipated that B will pass away. ... In […]
Case (Retrospective authorisation of DNA swab sample). DCC v NLH [2019] EWCOP 9
— "I concluded it would be appropriate to make a declaration (1) that NLH lacked capacity (a) to make decisions as to the provision of buccal swab samples, the testing of such samples and the profiling of his DNA and (b) to conduct these proceedings, and further (2) that it was lawful for the local […]
Case (Whether child had "sufficient understanding" to conduct appeal without Guardian). CS v SBH [2019] EWHC 634 (Fam)
— "Thus in determining whether the child has sufficient understanding to give instructions to pursue an appeal and to conduct the appeal I need to consider a range of factors including: (i) The level of intelligence of the child. (ii) The emotional maturity of the child. (iii) Factors which might undermine their understanding such as […]
Case (Residence, contact, tenancy). London Borough of Hackney v SJF [2019] EWCOP 8
— "SJF is a 56 year old woman with a complicated matrix of physical and mental health issues. Apart from frequent hospital admissions, she is presently living in a residential placement. She wants to go home to live in her rented flat with her son. The Court is asked to determine: (a) Whether she has […]
Case (Autism in prison). R (Hall) v SSJ [2018] EWHC 1905 (Admin)
— Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.

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