Skip to content
Mental Capacity Law and Policy
  • Welcome
  • About me
  • Posts
  • COVID-19 and the MCA 2005
  • Resources and blogs
    • Liberty Protection Safeguards resources
    • Cheshire West resources
  • Shedinars
  • Articles and papers
  • Books
  • Legal advice
  • Disclaimer
  • Privacy policy

Month: March 2017

Legislative developments

“Vulnerable adults” – a last push

With many thanks to all those who have been in touch, from many different settings and backgrounds, to offer support and case studies for the … Read More ›

Posted on March 31, 2017
Legislative developments

Deaths under DoLS changes – further guidance

A Home Office Circular has now been published to accompany the Policing and Crime Act 2017 changes (including those relating to death under DoLS) coming … Read More ›

Posted on March 30, 2017
Legislative developments

New Chief Coroner’s Guidance on DOLS 

To accompany the coming into force on 3 April of the change to the definition of “state detention” introduced by the Policing and Crime Act … Read More ›

Posted on March 28, 2017March 28, 2017
Legislative developments

A clash of rights (models)? The ECtHR and the CRPD

In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet … Read More ›

Posted on March 25, 2017
Best interests, Case comments

Best interests, available options, and case management before the Court of Protection – the Supreme Court pronounces

A cross-post to the post on the Court of Protection Handbook by Sophy Miles, Neil Allen and I on the decision handed down this morning … Read More ›

Posted on March 22, 2017
Miscellaneous

Law Society Mental Health and Disability Committee recruiting

There are four vacancies, two immediate, and two for a September start, on the Law Society’s Mental Health and Disability Committee. I sit on this … Read More ›

Posted on March 21, 2017
Legislative developments

‘Vulnerable adults’ – a follow-up

Proving less is not always more, some helpful feedback received via the great echo chamber of Twitter suggests that I might want to emphasise two … Read More ›

Posted on March 17, 2017
Legislative developments

Vulnerable Adults Bill – help wanted

The problem There is a significant cohort of individuals who (1) do not lack capacity for purposes of the Mental Capacity Act 2005 (‘MCA 2005’); … Read More ›

Posted on March 16, 2017April 7, 2017
Research of interest

ReSPECT – a new approach to advance care planning

It is a truth (almost) universally acknowledged that DNACPR/DNR notices are not working.  Cases such as Tracey and Winspear show that the conversations that need … Read More ›

Posted on March 15, 2017
Legislative developments

Draft Mental Capacity (Amendment) Bill now published 

The wait is now over!  The Law Commission’s Mental Capacity and Deprivation of Liberty report and draft Bill has now been published. Full coverage will … Read More ›

Posted on March 13, 2017March 13, 2017

Posts navigation

Older posts

Recent Posts

  • Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article

    April 2, 2021
    An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
  • End of term report from the Mental Capacity Report team

    April 1, 2021
    For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
  • A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

    March 30, 2021
    It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
  • Mediation and medical cases – reflections on process and outcomes

    March 29, 2021
    In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
  • Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?

    March 26, 2021
    In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

RSS Bailii capacity cases

  • HU105522019 [2021] UKAITUR HU105522019 (29 March 2021) April 15, 2021
  • Rea v Rea & Ors [2021] EWHC 893 (Ch) (14 April 2021) April 14, 2021
  • E and F v G and H (Unapproved) [2021] IECA 108 (13 April 2021) April 14, 2021
  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021

RSS Bailii CRPD cases

  • E and F v G. and H (Unapproved) [2021] IECA 108 (13 April 2021)0
    From Irish Court of Appeal
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • Books page updated
    — The Books page has been revamped and now has cover images for all books. Please let me know if any good books are missing. You can support MHLO by purchasing the Law Society's MHT book (2013) and the Annual Review 2020. Also, please bookmark this Amazon affiliate link and use it before making any […]
  • Medication book. British National Formulary (Pharmaceutical Press, 81st edn 2021)
    — The BNF is published biannually and includes key information on the selection, prescribing, dispensing and administration of medicines.
  • MHA book. Steven Richards and Aasya Mughal, Working with the Mental Health Act (4th edition, Matrix Training 2020)
    — MHA book
  • Mental Capacity Report note. Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21)
    — There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; […]
  • Book update. Alex Ruck Keene et al, 'Court of Protection Handbook: Handbook updates' (updated 1/2/21)
    — This web page contains quarterly updates to Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019).

RSS Baillii Mental Health Act cases

  • AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
    From England and Wales High Court (Family Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
    From England and Wales High Court (Chancery Division) Decisions
  • Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Thompson v R [2018] EWCA Crim 639 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)

Monthly Post Archives

  • April 2021 (2)
  • March 2021 (23)
  • February 2021 (20)
  • January 2021 (14)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
  • January 2017 (3)
  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
  • September 2016 (6)
  • August 2016 (7)
  • July 2016 (4)
  • June 2016 (10)
  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (3)
  • August 2015 (4)
  • July 2015 (11)
  • June 2015 (9)
  • May 2015 (4)
  • April 2015 (9)
  • March 2015 (6)
  • February 2015 (4)
  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
  • October 2014 (9)
  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

Log In


Lost your password?
Register
Forgotten Password
Cancel

Register For This Site

A password will be e-mailed to you.

© 2021 Mental Capacity Law and Policy
Powered by WordPress / Theme by Design Lab