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 ›

Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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