The Scottish Government is setting up a review to consider whether the provisions of the Mental Health (Care & Treatment) (Scotland) Act 2003 fulfil the needs of people with learning disability and autism. An exciting opportunity has arisen for a Secretary to the review and a Project Manager to form the review team, working under […]
Monthly archives for September, 2017
Welfare cases in the Court of Protect...
Once again we are all indebted to Cardiff Law School for further research about the use of the Court of Protection in welfare cases. Their full report can be found here, and the executive summary here. We hope you will find time to read the report but set out below the authors’ key findings: […]
Rule 3A representatives, family membe...
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty. In SCC v MSA & Ors [2017] EWCOP 18, he gave guidance (the precise status of which I will address […]
M, Medical Treatment and the Court of...
Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there is no legal obligation upon medical practitioners to seek the sanction of the court before withdrawing clinically assisted nutrition and hydration (‘CANH’) from […]
ERC Voices Project Final Workshop 22 ...
The ERC VOICES project final workshop, to be held on 22 November at NUI in Galway, will draw together the four core themes of the project – criminal responsibility, contractual capacity, consent to treatment and consent to sex – and feature a mix of personal narratives, art and theoretical perspectives based on the UNCRPD. All 15 […]
International Journal of Mental Healt...
The third issue (in its new guise) of the IJMHCL is now out, highlights including: Emma Cave, Jacinta OA Tan: Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales Katerina Kazou: Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really […]
Medical treatment cases and the Court...
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no legal obligation to bring cases concerning withdrawal of artificial nutrition and hydration to court. More analysis to follow in due course.
Court of Protection Court User Meetin...
The next Court of Protection Court User Meeting (open to the public) is to be held on Wednesday 11 October at 14:00 in Court 23, 5th Floor, First Avenue House in London. Please speak to a member of staff at the front desk if you would like to attend or email courtofprotectionenquiries@hmcts.gsi.gov.uk ensuring you put […]
Social welfare law in Wales – n...
As the law relating to welfare issues increasingly diverges in Wales (see, for instance, the different approaches to safeguarding taken in the Care Act 2014 in England vs the Social Services and Well-Being Wales Act 2014), the lack of a dedicated textbook relating to Welsh law has become an increasingly burning issue. Thankfully, Luke Clements (of […]
39 Essex Chambers September Mental Ca...
The Mental Capacity Law Reports are now back after their summer break. This month’s highlights are: 1) In the Health, Welfare and Deprivation of Liberty Report: alcohol and best interests, the price for failing to support, patient choice from the other side of capacity, and Bournewood brought to life; (2) In the Property and Affairs […]
