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 ›

Fluctuating capacity – micro vs macro decisions
August 1, 2019
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where …Read More »
Court of Protection Handbook Third Edition now published!
July 26, 2019
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) …Read More »
39 Essex Chambers July Mental Capacity Report
July 25, 2019
The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the …Read More »
Deputyship and legal incapacitation: don’t (always) believe what you read
July 22, 2019
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] …Read More »
Capacity and sexual relations – trying to make it personal
July 17, 2019
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test …Read More »

Case (Pregnancy - OS out-of-hours representation). Guy's and St Thomas' NHS Foundation Trust v X [2019] EWCOP 35
— (1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must […]
Event. Edge Training: Liberty Protection Safeguards - London, 13/12/19
—"This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected." Steven Richards. Cost: £150 plus VAT. See Edge website for further details and booking information.
Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 8/11/19
—"This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Aasya […]
LPS glossary. Edge Training, 'Liberty Protection Safeguards: Jargon Buster' (18/6/19)
— Edge's summary of this document is as follows: "The Edge LPS Jargon Buster provides a detailed explanation of terms used in LPS such as ‘condition’ (used in a number of different ways), reviews, determinations and the relevant person (did you know the same term can relate to three different roles?)"
Event. Edge Training: Best Interests Assessors Legal Update (Annual Refresher) - London, 16/9/19
—"This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes: (1) Consider the latest DoLS news, research and guidance; (2) Examine the latest case law relevant to DoLS and the BIA role; (3) Reflect on how the information covered affects BIA practice." Speaker: Aasya […]

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