November 2018 – Mental Capacity Law and Policy

Legislative developments

Current version of Mental Capacity (Amendment) Bill and Third Reading

The Bill as amended at Report stage is here, and the last stage before it goes to the Commons, Third Reading, has been announced for … Read More ›

Iron logic, coercion and odd outcomes: the Supreme Court decision in MM

In Secretary of State for Justice v MM [2018] UKSC 60, the Supreme Court (Lord Hughes dissenting) has upheld the ruling of the Court of … Read More ›

Legislative developments

Mental Capacity (Amendment) Bill – second and final day of Report stage

With thanks, again, to Tim Spencer-Lane for his summary, the Mental Capacity (Amendment) Bill today (27 November) completed report stage in the House of Lords. … Read More ›

Legislative developments

Mental Capacity (Amendment) Bill first day of report stage

The first day of the Lords Report stage on 21 November brought the first changes to the Bill and the first defeat for the Government. … Read More ›

39 Essex Chambers November Mental Capacity Report

The November 2018 Mental Capacity Report will shortly be landing in inboxes, but is available here by way of preview. Highlights this month include: (1) … Read More ›

Legislative developments

Government amendments to the Mental Capacity (Amendment) Bill

The Government has now published its long-awaited amendments to the Bill, ahead of the report stage on 21 November. They are available here, although are … Read More ›

Legislative developments

Government amendments to the Mental Capacity (Amendment) Bill

The Government has now published its long-awaited proposed amendments to the Bill, ahead of the report stage on 21 November. They are available here, although … Read More ›

National Mental Capacity Forum – Chair’s report
August 13, 2020
The fourth annual report by the Chair of the NMCF, Baroness Ilora Finlay, was published on 12 August. Had I …Read More »
Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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