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 ›

Fluctuating capacity – micro vs macro decisions
August 1, 2019
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where …Read More »
Court of Protection Handbook Third Edition now published!
July 26, 2019
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) …Read More »
39 Essex Chambers July Mental Capacity Report
July 25, 2019
The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the …Read More »
Deputyship and legal incapacitation: don’t (always) believe what you read
July 22, 2019
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] …Read More »
Capacity and sexual relations – trying to make it personal
July 17, 2019
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test …Read More »

Trust fined for failing to provide safe care and treatment. CQC, 'Avon & Wiltshire Mental Health Partnership fined £80,000 after patient is injured falling from hospital roof' (21/8/19)
— Extract from press release: "The risk of the low roof at Applewood Ward had been highlighted in previous annual risk assessments since 2011. The outcome was that the risk should be managed through staff observation. CQC believe this was an inappropriate and inadequate response to the risk posed to all service users by this […]
Case (Failure to carry out carer's assessment). Rotherham Doncaster & South Humber NHS Foundation Trust (18 010 101a) [2019] MHLO 43 (LGSCO)
— LGSCO's summary of decision: "The Trust and Council were at fault in not carrying out a carer’s assessment and not involving Mrs S during her husband’s period of treatment. There was also fault in record-keeping and delays in responding to the complaint. These failings caused an injustice to Mrs S as she lost the […]
Job advert. Reading Voice, Reading - Care Act advocates (listed until 22/11/19).
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DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2017-18' (2/10/18)
— Extract from NHS Digital summary: "This official statistics report provides the findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2017 to 31 March 2018. ... The report looks at aspects of DoLS activity, including the profile of people for whom a DoLS application […]
Case (Pregnancy - OS out-of-hours representation). Guy's and St Thomas' NHS Foundation Trust v X [2019] EWCOP 35
— (1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must […]

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