The changes to ss.135 and 136 MHA introduced by the Crime and Policing Act 2017 are coming into force on 11 December. The effect of these changes, together with links to the associated regulations and (non-statutory) guidance is all usefully summarised here in a letter sent out by NHS England.
Monthly archives for October, 2017
Court of Protection Rules 2017 –...
The Court of Protection Rules 2017 have been laid before Parliament, to come into force on 1 December. These recast all of the Rules into the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September […]
‘Teen Bournewood’: Court ...
The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ([2016] EWCOP 8), in which he held that parents could not consent to the confinement of their 16 or 17 year old children. As I am instructed in the case (on behalf of […]
Government’s interim response t...
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s MCD report. I reproduce it below: I am today announcing the publication of the Government’s interim response to the Law Commission’s report on Mental Capacity and Deprivation of Liberty, a […]
Safeguarding adults: intersections wi...
The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November. Entitled ‘Intersections with mental capacity and mental health,’ keynote speakers include Professor Jonathan Herring, University of Oxford; Kirsty Keywood, University of Manchester; Professor Taj Nathan, University of Chester and Dr Gianetta Rands. For more details, and to […]
39 Essex Chambers October 2017 Mental...
The October 2017 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: serious medical treatment cases and the involvement of the CoP, family members and Rule 3A and DoLS before the European Court of Human Rights; (2) In the Property and Affairs Report: financial […]
Inherently problematic? Capacity thr...
In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about to turn 18. The solution that he adopted, unfortunately, both casts unhelpful doubt upon a central plank of the Court of Protection’s jurisdiction and highlights, again, just how unsatisfactory the […]
Assisted dying challenge judgment now...
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
Happy birthday, Mental Capacity Act!
The MCA 2005 came fully into force 10 years ago today, on 1 October 2007. Entirely understandably given the day of the week its birthday fell, celebrations for it have been underway over the course of the past week (see #MCA10 on Twitter for the excellent PSW-led day of virtual and real events). To mark the decade of […]
