October 2017 – Mental Capacity Law and Policy

Legislative developments

Mental Health Act changes as of 11 December – regulations and guidance now published

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 … Read More ›

Court of Protection Rules 2017 – all change

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 … Read More ›

Case comments, Deprivation of liberty

‘Teen Bournewood’: Court of Appeal decision now out

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 … Read More ›

Legislative developments

Government’s interim response to Law Commission MCD report now published

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 … Read More ›

Safeguarding adults: intersections with mental capacity and mental health – seminar 24 November

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 … Read More ›

Capacity, Case comments, Comments, Inherent jurisdiction

Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy

In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about … Read More ›

Case comments, Medical treatment

Assisted dying challenge judgment now handed down

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, … Read More ›

39 Essex Chambers April Mental Capacity Reports out
April 16, 2019
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity …Read More »
39 Essex Chambers Best Interests guide updated
April 16, 2019
Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable …Read More »
Seize the day, or lose the person
April 16, 2019
In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between …Read More »
Accredited Legal Representatives Pilot
April 12, 2019
The Law Society have been in discussions with HMCTS regarding the issues related to the appointment process for ALRs, which has …Read More »
LPS update – back to the Lords on 24 April
April 11, 2019
The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages …Read More »

Sitting: 24/04/2019 April 11, 2019
Mental Capacity (Amendment) Bill [HL]: House of Lords Consideration of Commons amendments
Publication: HL Bill 171(a) Motions for consideration of Commons amendments April 8, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171(a) Motions for consideration of Commons amendments
Publication: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment April 3, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 171 Commons amendment in lieu of a Lords amendment,and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment
Publication: Speaker's Signed Certificate April 3, 2019
Mental Capacity (Amendment) Bill [HL]: Speaker's Signed Certificate
Sitting: 02/04/2019 April 3, 2019
Mental Capacity (Amendment) Bill [HL]: House of Commons Consideration of Lords amendments

Case (Appointment of property and affairs deputy). NKR v The Thomson Snell And Passmore Trust Corporation Ltd [2019] EWCOP 15
— "The application before the Court is for the discharge of the appointment of an existing professional property and affairs deputy, and the appointment of another instead. The discharge of the current deputy is agreed but there is an issue as to who should be appointed instead. ... In the matter of Re AS; SH […]
Advance decision-making. Gareth Owen et al, 'Advance decision-making in mental health - suggestions for legal reform in England and Wales' (2019) 64 Intl JL & Psychiatry 162
— Publisher's abstract: "This paper argues that existing English and Welsh mental health legislation (The Mental Health Act 1983 (MHA)) should be changed to make provision for advance decision-making (ADM) within statute and makes detailed recommendations as to what should constitute this statutory provision. The recommendations seek to enable a culture change in relation to […]
Draft sentencing guidelines. Sentencing Council, 'Sentencing Offenders with Mental Health Conditions or Disorders' (draft guidance, 9/4/19)
— These are the draft guidelines in relation to Sentencing Council, 'Sentencing offenders with mental health conditions or disorders consultation' (consultation from 9/4/19 to 9/7/19).
Mental health sentencing consultation. Sentencing Council, 'Overarching Principles: Sentencing Offenders with Mental Health Conditions or Disorders: Consultation' (9/4/19)
— Extract from introduction: "The Council has developed a draft guideline for courts to use when sentencing offenders with mental health conditions, neurological impairments or development disorders. The aim of the guideline is to consolidate and explain information which will assist courts to pass appropriate sentences when dealing with offenders who have either a mental […]
Consultation. Sentencing Council, 'Sentencing offenders with mental health conditions or disorders consultation' (consultation from 9/4/19 to 9/7/19)
— "The Sentencing Council is issuing a new consultation on its proposed guideline on sentencing offenders with mental health conditions or disorders.", "The Sentencing Council is issuing a new consultation on its proposed guideline on sentencing offenders with mental health conditions or disorders."

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