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 ›

The inherent jurisdiction and costs
October 23, 2019
In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made …Read More »
Prolonged disorders of consciousness: national clinical guidelines – developments and conference
October 21, 2019
The Royal College of Physicians are in the process of updating their guidance on the management of patients in prolonged …Read More »
39 Essex Chambers October Mental Capacity Report
October 18, 2019
The October 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare …Read More »
The Irish Bournewood?
October 17, 2019
In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish …Read More »
The CRPD Committee and legal capacity – a step forwards?
October 14, 2019
The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India, …Read More »

Job advert. Prospect Park Hospital, Reading - Mental Health Act Team Leader (closing date 7/11/19).
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Panel interview procedure clarification
— The Law Society website (at the time of writing, 18/10/19) states that "there will not be an opportunity consult any reference materials during the interview itself", despite the guidance document stating that "[a]pplicants may make use of books and other reference material when preparing the case study and may take these and any notes […]
Case (Withdrawal of life-sustaining treatment - transfer to Italy). Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin)
— This judgment related to: (a) the child's (Tafida's) judicial review of the Trust's decision not to agree to transfer her to an Italian hospital; (b) the Trust's application for a specific issue order under s8 Children Act 1989, and for an inherent jurisdiction declaration, that it was in the child's best interests for life-sustaining […]
Case (Sentence appeal - s45A). R v Yuel [2019] EWCA Crim 1693
— (1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm […]
Speakers added to Edge 2019 AMHP conference listing
— Speakers include: Rhys Hadden (An introduction to Coroners court and inquests - what an AMHP needs to know); Claire Barcham (Learning from research: Managing the interface between MHA assessments and custody); Robert Lewis; Steve Gilbert; Steven Richards (DOLS - A new beginning? The Liberty Protection Safeguards). Chaired by Christine Hutchison, Director of Edge Training […]

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