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 ›

Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
March 27, 2020
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on …Read More »
National Mental Capacity Forum: ‘Sharing Voices’ in Response to Covid-19
March 26, 2020
The National Mental Capacity Forum will hold the first of three online meetings to discuss the challenges raised by the COVID-19 pandemic. …Read More »
COVID-19 and the MCA resources page
March 26, 2020
I have now created a resources page for COVID-19 and the MCA, available here. It includes guidance from the DHSC, …Read More »
COVID-19 Updating guidance from Court of Protection regarding hearings
March 24, 2020
Further guidance (earlier guidance can be found here) has been issued on 24 March, to the effect that no hearings which …Read More »
Court of Protection – further COVID-19 guidance
March 23, 2020
The Vice-President has issued further guidance on 23 March in relation to the Court of Protection and COVID-19. This follows …Read More »

Guidance to psychiatrists about remote hearings. Mental Health Tribunal, 'Message to the Royal College of Psychiatrists' (Sarah Johnston and Joan Rutherford, 26/3/20)
— (1) This guidance to psychiatrists includes the following: all evidence will be taken before a tribunal judge alone, using BT MeetMe (phone or video); the doctor giving evidence will released after giving evidence except in all but exceptional cases; the patient will not be given the decision orally. (2) To help the tribunal, clinical […]
Proposed reduction on tribunal panel sizes (not MHT). Senior President of Tribunals, 'Proposal to amend Composition Statements' (18/2/20)
— This consultation relates to the General Regulatory Chamber, the Social Entitlement Chamber, the Property Chamber and the Health, Education and Social Care Chamber (SEND, Primary Health Lists and Care Standards cases only - not MHT). Consultation closes 14/4/20.
Summary of Coronavirus Act 2000. Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20)
— This detailed summary of the Coronavirus Act 2020 contains the following headings: (1) Emergency registration of health and social care professionals; (2) Suspension of duties to undertake assessments of need/discharge of patients from hospital; (3) Deaths and inquests; (4) Indemnity for health service activity; (5) Powers in relation to potentially infectious persons; (6) Children; […]
Legislation. Coronavirus Act 2020
— This Act, among other things, amends the MHA 1983 in light of the coronavirus pandemic. The Act is in force on 25/3/20, although s10 and schedules 8-11 (amendments to the MHA and NI/Scottish equivalents) will commence on a date to be specified in regulations.
Guidance about LAA contract terms. LAPG, 'Guidance on what the Legal Aid Contract and LAA COVID-19 Guidance Allows' (25/3/20)
— This detailed guidance contains information under the following headings: (1) Your office; (2) Progressing Current Cases; (3) Potential New Clients; (4) Providing “Remote” Advice and Digital Signatures; (5) Means Assessment for Remote Advice; (6) Supervision; (7) Supervisor Absence; (8) Key Workers; (9) Speak to the LAA.

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