January 2018 – Mental Capacity Law and Policy

39 Essex Chambers January Mental Capacity Report now out

Delayed (as the phrase goes) by circumstances beyond our control, the January Mental Capacity Report is now out. Highlights this month include: (1) In the … Read More ›

Book corner: attorneys, carers and coercive mental health treatment

By way of preview for the January Mental Capacity Report, which should be coming out shortly, three reviews of books which have caught my particular … Read More ›

Legislative developments, Research of interest

Mental Health Act review: service user and carer survey now live

The Independent MHA Review surveys of service users and carers are now live, with a closing deadline of 28 February. Please share widely.

Deprivation of liberty

Deckchairs on the legal Titanic? The Re X saga continues

In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of how Re X applications (now, … Read More ›

Updated vaccination guidance note
February 26, 2021
We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by …Read More »
When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection
February 26, 2021
In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he …Read More »
A right to family life does not mean an obligation to endure one
February 24, 2021
In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 …Read More »
How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness
February 24, 2021
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version …Read More »
Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations
February 24, 2021
In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the …Read More »

Case (Death). University Hospitals of Leicester NHS Trust v NZ [2021] EWCOP 16
— NZ was receiving life-sustaining treatment by way of an extracorporeal membrane oxygenation machine (ECMO), a last-resort treatment which had increased by a third during the coronavirus pandemic. The clinical lead consultant for ECMO stated that rather than seeking to preserve her life he was now "prolonging her death", and signalled to the judge that […]
Licence conditions. NOMS, 'Licence conditions, licences, and licence and supervision notices' (PSI 12/2015, updated 18/1/21)
— "This Instruction updates the arrangements for the application of standard and additional licence conditions for offenders being released on licence following the creation of the National Probation Service and the Community Rehabilitation Companies. It also updates advice on the setting of conditions as well as updating the menu of additional conditions available, and adds […]
Case (Timing of CTO discharge). R (Gisagara) v Upper Tribunal [2021] EWHC 300 (Admin) [2021] EWHC 300 (Admin)
— The RC's evidence to the MHT was that the CTO criteria were met, and that a CTO was an "essential precondition" to discharge as otherwise the patient would not accept medication; she had granted s17 leave while the CTO was being arranged. When the MHT did not discharge him from s3, the patient argued […]
Case (Death following stroke). Sandwell and West Birmingham Hospitals NHS Trust v TW [2021] EWCOP 13
— (1) TW suffered catastrophic brain injury, arising from a stroke, which meant he lacked the capacity to decide whether to continue to receive life-sustaining treatment. (2) The continuation of ventilatory support and likely invasive treatment could no longer be reconciled with his best interests. (3) His three daughters wished to travel from Canada to […]
Mental health law journal. IJMHCL volume 26 (2020), pages 1-57
— This edition of the International Journal of Mental Health and Capacity Law contains: (1) Editorial (Alex Ruck Keene); (2) Substituted Decision Making and Coercion: The Socially Accepted Problem in Psychiatric Practice and a CRPD-Based Response to Them (Giles Newton-Howes, Leah Kininmonth, Sarah Gordon); (3) Adult Incapacity Law: Visions for the Future Drawn from the […]

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