July 2017 – Mental Capacity Law and Policy

Legislative developments, Testamentary capacity

Law Commission consultation: Wills

The Law Commission has published today (13 July) a major consultation on the potential for reforms to the law of wills in England and … Read More ›

July Mental Capacity Reports now out

Welcome to the July 2017 Mental Capacity Reports. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: important decisions grappling … Read More ›

Deprivation of Liberty: Towards the Liberty Protection Safeguards: Conference 14 July

A reminder of the conference being held a week on Friday in London that I am chairing looking both at where we might be going … Read More ›

Job/Research Opportunities

Joint Committee on Human Rights – Senior Legal Advisor sought

The JCHR is recruiting for a new Senior Legal Advisor, with a closing date of 9th July. This post is the senior legal adviser to the … Read More ›

COVID-19 vaccination and mental capacity: rapid response guidance note
December 4, 2020
Together with other members of the 39 Essex Chambers Court of Protection team, I have produced a rapid response guidance …Read More »
DHSC visiting guidance from 2 December (and the Court of Protection weighs in)
December 2, 2020
Visiting care homes The DHSC published on 1 December updated visiting guidance for care homes. In a – welcome – …Read More »
December to February Lockdown regulations
December 1, 2020
With effect from 2 December to 2 February 2021, restrictions within England are set at one of three levels, by …Read More »
DHSC LPS Implementation 3rd Newsletter
November 30, 2020
[The 3rd LPS implementation newsletter was published on 30 November. I reproduce the material parts of the text below; to …Read More »
November Mental Capacity Report and walkthrough
November 24, 2020
The November 2020 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation …Read More »

Case (Hybrid order or restricted hospital order). R v Nelson [2020] EWCA Crim 1615
— The Court of Appeal considered the differences between a hybrid order (s45A) and a restricted hospital order (s37/41), the guidance from caselaw and the Sentencing Council's Guideline on "Sentencing offenders with mental disorders, developmental disorders or neurological impairment" which came into effect on 1/10/20.
Case (Competence/capacity and puberty blockers). Bell v Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin)
— (1) The relevant information that a child would have to understand, retain and weigh up in order to have the requisite competence in relation to puberty blockers, would be as follows: (i) the immediate consequences of the treatment in physical and psychological terms; (ii) the fact that the vast majority of patients taking puberty […]
Case (Unlawful refusal to adjourn). GL v Elysium Healthcare [2020] UKUT 308 (AAC)
— It was wrong for the tribunal to have proceeded with the telephone hearing because: (1) the tribunal had, without investigation, assumed that the patient's flatmate (with whom he was self-isolating to avoid coronavirus) could not overhear; (2) the tribunal had improperly dealt with the patient's anxiety: either it had concluded, without investigation, that the […]
Parole Board mental health guidance. Parole Board, 'Guidance on Restricted Patients and the Mental Health Act' (v1.0, October 2020)
— "This guidance provides information on the different types of transfers under the Mental Health Act 1983 (as amended 2007) and guidance to Parole Board members sitting in secure mental health settings. This replaces the following pieces of guidance: (1) Member Case Assessment Guidance - Annex 6 - Guidelines for MCA members on assessment of […]
Statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (27/11/20)
— "An amendment to Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 allows many of the statutory forms under the Mental Health Act 1983 (MHA) to be communicated electronically. This guidance explains: (1) the circumstances in which statutory forms and other documents can be sent electronically; (2) best practice for sending them electronically; (3) […]

Nelson v R [2020] EWCA Crim 1615 (02 December 2020)0
From England and Wales Court of Appeal (Criminal Division) Decisions
IA004422012 [2017] UKAITUR IA004422012 (31 October 2017)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
McWILLIAMS v RICHARD RUSSELL [2017] ScotSC 64 (04 October 2017))0
From Scottish Sheriff Court Decisions
ARB v IVF Hammersmith Ltd [2017] EWHC 2438 (QB) (06 October 2017)0
From England and Wales High Court (Queen's Bench Division) Decisions
Bala, R. v [2017] EWCA Crim 1460 (06 October 2017)0
From England and Wales Court of Appeal (Criminal Division) Decisions
AG -v- Kean [2017] JRC 164 (09 October 2017)0
From Jersey Unreported Judgments
PA127152016 [2017] UKAITUR PA127152016 (10 October 2017)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
A Local Authority v M, F, & A [2017 EWFC B88 (11 October 2017)0
From England and Wales Family Court Decisions (other Judges)
Fletcher v Keatley [2017] EWCA Civ 1540 (12 October 2017)0
From England and Wales Court of Appeal (Civil Division) Decisions
Silvera, R (on the application of) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin) (20 October 2017)0
From England and Wales High Court (Administrative Court) Decisions

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