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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

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Older posts

Recent Posts

  • Deprivation of liberty in the hospital setting: updated guide

    November 19, 2019
    The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to …Read More »
  • 39 Essex Chambers November Mental Capacity Report

    November 18, 2019
    The November 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare …Read More »
  • The MHA, force-feeding and best interests

    November 15, 2019
    In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the …Read More »
  • Foreign powers of representation – making them effective in England & Wales

    November 11, 2019
    In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues …Read More »
  • Book Review: Parental Rights, Best Interests and Significant Harms

    November 3, 2019
    Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street v Gard (edited by …Read More »

RSS Bailii capacity cases

  • Lee, R (On the Application Of) v [2019] EWHC 3227 (Admin) (12 September 2019) December 6, 2019
  • Royal Borough of Greenwich v EOA [2019] EWCOP 54 (16 October 2019) December 3, 2019
  • CFA v MO'L & anor [2019] IEHC 781 (28 May 2019) November 25, 2019
  • Royal Borough of Greenwich v CDM (Rev 1) [2019] EWCOP 32 (20 February 2019) November 25, 2019
  • Esegbona v King's College Hospital NHS Foundation Trust (false imprisonment in hospital) [2019] EWHC 77 (QB) (22 January 2019) November 24, 2019

RSS Bailii CRPD cases

  • J.D. AND A v. THE UNITED KINGDOM (Discrimination : Reduction of benefit in order to incentivise social housing tenants to move into smaller accommodation) [2019] ECHR 753 (24 October 2019)0
    From European Court of Human Rights
  • A.C. v Patricia Hickey General solicitor and Ors & A.C. v Fitzpatrick and Ors. [2019] IESC 73 (17 October 2019)0
    From Supreme Court of Ireland Decisions
  • DXW v PXL [2019] EWHC 2579 (QB) (04 October 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • NIKOLYAN v. ARMENIA - 74438/14 (Judgment : Preliminary objection joined to merits and dismissed : First Section) [2019] ECHR 674 (03 October 2019)0
    From European Court of Human Rights
  • Ewart, Re Application fro Judicial Review [2019] NIQB 88 (03 October 2019)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Barts NHS Foundation Trust v Raqeeb & Ors [2019] EWHC 2530 (Fam) (03 October 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin) (03 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • RC, APPEAL AGAINST SENTENCE BY RC AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_62 (02 October 2019)0
    From Scottish High Court of Justiciary Decisons
  • D (A Child) (Rev2) [2019] UKSC 42 (26 September 2019)0
    From United Kingdom Supreme Court
  • TJ v Department for Communities (JSA) (Right to reside) [2019] NICom 17 (24 September 2019)0
    From Northern Ireland - Social Security and Child Support Commissioners' Decisions

RSS MHLO updates

  • Job advert. Martin Searle Solicitors, Brighton - Community care lawyer (deadline 16/12/19).
    See Jobs
  • Case (Proceeding in absence of solicitor and patient). DA v Kent and Medway NHS and Social Care Partnership Trust [2019] UKUT 348 (AAC)
    — The tribunal refused to adjourn the case of a CTO patient who had not attended the hearing, then the solicitor left the hearing because she felt unable to represent the patient in those circumstances. (1) The tribunal's initial decision to proceed in the patient's absence referred to rule 39(1) (whether the party had been […]
  • COPUG minutes. Minutes of Court User Group Meeting (15/10/19)
    — (1) Apologies; (2) Minutes and Action points; (3) Court Manager’s Report; (4) Misplaced COP20As and COP20Bs; (5) Interim deputyship orders that specify the date on which the appointment will end; (6) Clerical mistakes or slip rules on court orders; (7) Service of final orders (Rule 6.2); (8) Anonymised deputyship orders; (9) Delayed issue of […]
  • Job advert. Atkins and Palmer, London - Court of Protection Solicitor (listed until 7/2/20).
    See Jobs
  • Job advert. Atkins and Palmer, London - Mental health solicitor or experienced caseworker (listed until 7/2/20).
    See Jobs

Monthly Post Archives

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