December 2017 – Mental Capacity Law and Policy

Legislative developments, Miscellaneous

Discussion paper: Deprivation of Liberty, Cheshire West and the CRPD:

For those wanting some holiday reading, you may wish to have a look at my discussion paper looking at whether there may be room in … Read More ›

39 Essex Chambers Mental Capacity Report end of term update

A combination of the pressure of our other commitments and a lack of major reported cases from the Court of Protection means that we will … Read More ›

Two mental health and mental disability conferences for your diary

A heads-up about two really interesting conferences in the field of mental health and mental disability law for 2018. One is the annual Socio-Legal Studies … Read More ›

Legislative developments

CANH withdrawal – interim guidance from BMA/GMC and RCP

Interim guidance has just (11 December) been published – jointly – by the British Medical Association, General Medical Council and Royal College of Physicians – in response … Read More ›

Legislative developments

Mental Health Act Review gathering pace – your help needed

The independent Mental Health Act Review is gathering pace. On its website are two key updates: A call for evidence: please see full details of the call for … Read More ›

Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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