June 2018 – Mental Capacity Law and Policy

Joint Committee on Human Rights reform of DoLS report published

The JCHR has today (29 June) published the report of its inquiry into the reform of DOLS. Whilst I recommend reading the whole report … Read More ›

Case comments

Assisted dying judgment published

The Court of Appeal has rejected [2018] EWCA Civ 1431 the appeal by Noel Conway against the decision of the Divisional Court [2017] EWHC 2447 … Read More ›

Newsletters

39 Essex Chambers June Mental Capacity Reports

The June Reports have now been published. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a rare appellate level … Read More ›

Guidance on CANH decision-making published by BMA and RCP
December 12, 2018
The British Medical Association and Royal College of Physicians have published today (12 December) guidance (endorsed, unusually but importantly, by …Read More »
Mental Capacity (Amendment) Bill finishes Lords stages
December 11, 2018
The Bill today (11 December) finished its final stage in the Lords, with the Commons yet to come. With thanks …Read More »
Mental Health Act Review – summaries and commentaries
December 9, 2018
A consequence of the fact that the MHA Review report had to be brought forward ahead of the Brexit vote …Read More »
Mental Health Act Review report published – headlines
December 6, 2018
The independent Review of the Mental Health Act conducted by Sir Simon Wessely has today, 6 December, published its report, …Read More »
Deprivation of liberty, restraint, and the CRPD: the view from the German Federal Constitutional Court
December 4, 2018
In what is about to be a big week for the Mental Health Act 1983, with the publication of the …Read More »

Publication: Bill 303 EN 2017-19 December 12, 2018
Mental Capacity (Amendment) Bill [HL]: Bill 303 EN 2017-19
Sitting: 11/12/2018 December 12, 2018
Mental Capacity (Amendment) Bill [HL]: House of Commons 1st reading
Publication: Bill 303 2017-19 (as brought from the Lords) December 12, 2018
Mental Capacity (Amendment) Bill [HL]: Bill 303 2017-19 (as brought from the Lords)
Publication: 3rd reading (Hansard) December 12, 2018
Mental Capacity (Amendment) Bill [HL]: 3rd reading (Hansard)
Publication: 3rd reading (Minutes of Proceedings) December 12, 2018
Mental Capacity (Amendment) Bill [HL]: 3rd reading (Minutes of Proceedings)

EPA/s44 neglect case. R v Kurtz [2018] EWCA Crim 2743
— "The Registrar of Criminal Appeals has referred this application for permission to appeal against conviction and sentence to the Full Court. The application concerns the scope of the offence created by s 44(2) read, in this case, with s 44(1)(b) of the Mental Capacity Act 2005 ('MCA 2005) of which the Appellant was convicted. […]
Updated MH panel guidance. Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18)
— This document contains updated guidance on the professional development requirements for panel membership. Dated: December 2018. Metadata: created 5/12/18. Downloaded 7/12/18. Filename: mental-health-accreditation-guidance-december-2018.pdf(C)
Wessely review final report. Independent Review of the Mental Health Act 1983, 'Modernising the Mental Health Act: Increasing choice, reducing compulsion' (final report, 6/12/18)
— The report states that "[a] purpose and a set of principles should be included in the Act itself" and makes recommendations under the following headings: (1) Principle 1 - Choice and autonomy: (a) Making decisions about care and treatment; (b) Family and carer involvement; (c) Advocacy; (d) Complaints; (e) Deaths in detention. (2) Principle […]
New edition of book. Richard Jones and Eve Piffaretti, Mental Capacity Act Manual (8th edn, Sweet and Maxwell 2018)
Event. Edge Training: BIA Legal Update (Annual Refresher) - London, 14/12/18
— 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: […]

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