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 ›

Mental Capacity (Amendment) Bill – highlights from final day of Lords Committee stage
October 23, 2018
The third and final day of Committee stage before the House of Lords took place yesterday, 22 October. The transcript …Read More »
39 Essex Chambers October Mental Capacity Report
October 17, 2018
This will shortly be circulated to those on the mailing list but by way of preview, highlights this month include: (1) …Read More »
Mental Capacity (Amendment) Bill – highlights from day 2 of Lords Committee stage
October 16, 2018
The second day of Committee stage before the House of Lords took place yesterday, 15 October. The transcript can be …Read More »
Mental Health Tribunal rule changes abandoned
October 8, 2018
The minutes of the Tribunal Procedure Committee in July have just been published and show that controversial proposed rule changes …Read More »
Mental Capacity (Amendment) Bill – more Government documents
October 7, 2018
The annexes have now appeared on the Bill documents page to the letter sent by Lord O’Shaughnessy on 24 July …Read More »

Publication: Committee: 3rd sitting - (Hansard) October 23, 2018
Mental Capacity (Amendment) Bill [HL]: Committee: 3rd sitting - (Hansard)
Publication: Committee: 3rd sitting (Minutes of Proceedings) October 23, 2018
Mental Capacity (Amendment) Bill [HL]: Committee: 3rd sitting (Minutes of Proceedings)
Publication: HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list October 19, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list
Publication: HL Bill 117-III Third marshalled list for Committee October 18, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-III Third marshalled list for Committee
Publication: HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list October 17, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list

CQC report. CQC, 'The state of health care and adult social care in England: 2017/18' (11/10/18)
— "State of Care is our annual assessment of health and social care in England. The report looks at the trends, shares examples of good and outstanding care, and highlights where care needs to improve. This year's report finds that most people in England receive a good quality of care. Our ratings show that quality […]
FGM guidance. HM Government, 'Multi-agency statutory guidance on female genital mutilation' (dated April 2016, updated 17/10/18)
— "You must read and follow this guidance if you are under statutory duties to safeguard and promote the welfare of children and vulnerable adults."
TPC minutes (abandonment of rule change proposal). Tribunal Procedure Committee, 'Minutes' (25/7/18)
— Minutes of 25/7/18 meeting, including the news that the proposals to abolish pre-hearing medical examinations and to reduce the number of oral hearings had been abandoned (the context for this included the ongoing MHA review, Rethink's FOI requests and the overwhelmingly negative response to the consultation).
TPC minutes. Tribunal Procedure Committee, 'Minutes' (6/6/18)
— Minutes of 6/6/18 meeting, including discussions about proposed rule changes (relating to pre-hearing examinations and paper hearings) and litigation friends.
Residence case. LB Islington v AA [2018] EWCOP 24
— "These proceedings began with three applications, all dated 27th July 2017. One application was made on form DLA in respect of an Urgent Authorisation of deprivation of liberty at C Lodge granted on 24th July 2017. The other applications were made on forms COP1 and COP9, and sought orders for the return of AA […]

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