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 ›

Enforcement of self-isolation: another minefield to navigate in the capacity context
September 28, 2020
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force on 28 September and set out a series …Read More »
Joint Committee on Human Rights: COVID-19 report
September 21, 2020
The JCHR has today (21 September) published a detailed and extensive report into the human rights implications of the Government’s …Read More »
Commissioning, joined up thinking and planning ahead – in conversation with Emma Overton
September 15, 2020
In this “in conversation with” Emma Overton, Policy and Practice Development Lead at North East Lincolnshire CCG, we discuss commissioning, …Read More »
39 Essex Chambers Mental Capacity Reports September now out – and walkthrough
September 15, 2020
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated MCA/DoLS guidance, the anorexia Catch-22, …Read More »
The “Rule of 6” in England with effect from 14 September
September 14, 2020
The Health Protection (Coronavirus, Restrictions) (No.2) (Amendment)(No 4) Regulations, which came into force on 14 September, change, yet again, the …Read More »

Medical treatment book. Ben Troke, 'A Practical Guide to the Law of Medical Treatment Decisions' (Law Brief Publishing
— This book is aimed not only at lawyers, but also clinicians and anyone with an interest in how medical treatment decisions are made.
ASC winter plan. DHSC, 'Adult social care: our COVID-19 winter plan 2020 to 2021' (18/9/20)
— "Here we set out the key elements of national support available for the social care sector for winter 2020 to 2021, as well as the main actions to take for local authorities, NHS organisations, and social care providers, including in the voluntary and community sector."
Coronavirus care home visiting guidance. DHSC, 'Update on policies for visiting arrangements in care homes' (updated 21/9/20)
— "Directors of public health and care providers should follow this guidance to ensure policies for visiting arrangements and decisions are based on a dynamic risk assessment and minimise risk wherever possible." The only difference between this and the 31/7/20 version of the page is the addition of the following text to the top of […]
Event. MHLA: Panel course (online, 12-14 Oct 2020)
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. The course will take place via Zoom on three consecutive afternoons, from 1300 until 1700 each day. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). Booking closes at 1700 […]
Tribunal coronavirus Practice Direction. Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20)
— This extends Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20), with some amendments, until 18/3/21.

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