The Supreme Court website now has available for streaming the whole hearing in Re Y. Judgment both is reserved and eagerly awaited to clarify the law in this most significant of areas. In the interim, you may care to play Aintree bingo when watching to see just how great an effect this case has had […]
Monthly archives for February, 2018
The Independent MHA Review surveys of service users and carers are closing soon, the deadline being 28 February. Please share widely.
The JCHR has launched an inquiry into the Right to freedom and safety: Reform of the Deprivation of Liberty Safeguards. The Committee is issuing an open call for evidence from interested parties and would welcome written submissions (of no more than 1,500 words) by Friday 2 March on: Whether the Law Commission’s proposals for Liberty […]
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of tack from the courts as regards the application of the concept of deprivation of liberty in the hospital setting. Our revised guidance note (entirely replacing the discussion paper I had co-authored in 2015) can now […]
The Independent Review of the Mental Health Act is in its initial scoping phase, seeking to identify priorities for further work later this year. To inform this process the Review is holding workshops in London on 26 February and Newcastle on 27 February, with details to be announced shortly of a further workshop in Cardiff. The aim […]
In Re A-F (Children)  EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation to deprivation of liberty and children: 1.When is a child to be considered to be confined (i.e. for the purpose of the first of the three limbs required to establish a deprivation of liberty, the […]