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 ›

Mental Health Act review supporting documents
February 15, 2019
The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. …Read More »
39 Essex Chambers February Mental Capacity Report
February 12, 2019
After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
February 9, 2019
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a …Read More »
5 reflections on law reform (and over and out for now)
December 19, 2018
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head …Read More »
39 Essex Chambers Mental Capacity Report end of term email
December 19, 2018
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »

Publication: HL Bill 161(a) Motion for consideration of Commons amendments February 18, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161(a) Motion for consideration of Commons amendments
Publication: HL Bill 161 Explanatory Notes February 15, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161 Explanatory Notes
Publication: HL Bill 161 Commons amendments February 13, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161 Commons amendments
Sitting: 12/02/2019 February 13, 2019
Mental Capacity (Amendment) Bill [HL]: House of Commons 3rd reading
Publication: 3rd reading February 13, 2019
Mental Capacity (Amendment) Bill [HL]: 3rd reading

List of amendments. CQC, 'Monitoring the Mental Health Act in 2016/17 - amendment list' (31/12/18)
— This document contains the amendments which have been incorporated into CQC, 'Monitoring the Mental Health Act in 2016/17' (amended version, 9/1/19). "An explanation for the amendments: (1) Up until 2015/16, we used ‘Yes/No’ categories to document specific types of data gathered by Mental Health Act Reviewers on their visits. In 2015/16, we added an […]
Amended version of report. CQC, 'Monitoring the Mental Health Act in 2016/17' (amended version, 9/1/19)
— "This document has been amended after our analysts found that we had displayed some data gathered by Mental Health Act reviewers on their visits in an inaccurate way." See CQC, 'Monitoring the Mental Health Act in 2016/17 - amendment list' (31/12/18) for details.
Job advert. Pickup & Scott, Aylesbury - mental health representative (expiry 17/5/19).
See Jobs
Case (Medical treatment, including CPR). University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39
— "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be […]
Event. MHLA: Panel course - Leeds, 6/3/19 and 7/3/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.

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