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 ›

Government amendments to the Mental Capacity (Amendment) Bill
November 15, 2018
The Government has now published its long-awaited amendments to the Bill, ahead of the report stage on 21 November. They …Read More »
Mental Capacity (Amendment) Bill – Government memorandum on human rights issues
October 29, 2018
A government memorandum dated 4 July for the JCHR has just been published on issues in relation to the Mental …Read More »
GMC consent guidance consultation
October 26, 2018
The GMC is consulting on revised consent guidance, which outlines what doctors should consider when discussing treatment and care with patients. According to …Read More »
Mental Capacity (Amendment) Bill – the Joint Committee on Human Rights reports
October 26, 2018
[The joint (Commons and Lords) Committee on Human Rights published on 26 October its report on the MCAB. It repays …Read More »
Mental Capacity (Amendment) Bill – highlights from final day of Lords Committee stage
October 23, 2018
The third and final day of Committee stage before the House of Lords took place yesterday, 22 October. The transcript …Read More »

Publication: HL Bill 117-R(i) Amendments for Report November 16, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-R(i) Amendments for Report
Publication: HL Bill 117-R(i) Amendments for Report November 16, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-R(i) Amendments for Report
Publication: HL Bill 117-R(h) Amendments for Report November 15, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-R(h) Amendments for Report
Publication: HL Bill 117-R(g) Amendments for Report November 14, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-R(g) Amendments for Report
Publication: HL Bill 117-R(f) Amendments for Report November 13, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-R(f) Amendments for Report

CQC MHA report corrections. CQC, 'Monitoring the Mental Health Act in 2016/17 - amendment list' (13/11/18)
— The CQC published the following text alongside a full list of corrections to their 2016/17 report: "We are currently amending this document after our analysts found that we had displayed some data gathered by Mental Health Act reviewers on their visits in an inaccurate way. We will publish the updated report in November 2018. […]
CQC MHA report. CQC, 'Monitoring the Mental Health Act in 2016/17' (27/2/18)
— Summary from Gov.uk website: "This report sets out the Care Quality Commission’s (CQC) findings from engagement with people subject to the Mental Health Act 1983 (MHA) and review of services registered to assess, treat and care for people detained using the MHA. The report was compiled using information gathered from across CQC activities to […]
Hillgreen case. CQC, 'CQC publishes independent investigation into its regulation of 14 Colne Road' (press release, 13/6/18)
— This relates to the publication of a CQC-commissioned report by Sir Paul Jenkins on the CQC's handling of the Hillgreen case.
Hillgreen case. CQC, 'Statement on CQC's actions in relation to Hillgreen Care Ltd' (27/7/17)
— In this response to the Times article of the same date, the CQC's chief executive stated: "Today's coverage in the Times has rightfully challenged the action we have taken in respect of the care provided to the people who were resident at Colne Road. Whilst we did take action that led to the closure […]
Hillgreen case. Andrew Norfolk, 'CQC covered up suspected rape in care home' (Times, 27/7/17)
— This article related to a "cluster" of sex alerts at residential homes owned by Hillgreen Care, a private company that specialised in the care of young adults with learning disabilities. It was said that confidential documents revealed that: (a) the deputy manager of one home was a convicted sex offender working in Britain illegally; […]

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