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 ›

Full text of Mental Capacity (Amendment) Act 2019 now published
May 17, 2019
The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being …Read More »
Who are they? Where are they? ‘Invisible’ locked up children
May 17, 2019
In a powerful and wide-ranging report published by the Children’s Commissioner on 16 May entitled “Who are they? Where are …Read More »
39 Essex Chambers May Mental Capacity Reports
May 16, 2019
The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights …Read More »
An Act is passed – the LPS Bill gets Royal Assent
May 16, 2019
Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details …Read More »
Sexual relations, rights and capacity
May 14, 2019
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 …Read More »

Case (Police use of force). Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB)
— "I recognise that this was a challenging situation for the police officers. They were faced with an individual who presented as very angry, covered in blood and with whom they were unable to communicate. Prior to Andrew Gilchrist's explanation, their assumption that Michael Gilchrist was an aggressor who, probably, had assaulted someone and needed […]
Case (Capacity to consent to sex with husband). London Borough of Tower Hamlets v NB [2019] EWCOP 17
— "There is also evidence that indicates that NB very much enjoys the status of marriage, is affectionate to her husband [AU] and, on occasion, initiates sexual relations. This appears consistent with Ms Wilson's observations as long ago as 1996. The primary issue before the Court is whether NB truly has the capacity to consent […]
Case (Capacity and ability to communicate). Patel v Arriva Midlands Ltd [2019] EWHC 1216 (QB)
— "Dr Fleminger's assessment was: 'Whether or not he can understand what information he is given and use and weigh this information in the balance to make decision, he is unable to communicate any decision he has made. Whether or not he regains capacity in the future depends on the outcome of his conversion disorder'. […]
Case (Inquest and DOLS). R (Maguire) v United Response [2019] EWHC 1232 (Admin)
— "First, the claimant contends that the defendant erred in law by determining at the end of the evidence that article 2 no longer applied under Parkinson, thereby prejudging a matter that should have been left to the jury. Secondly, the Coroner erred in law by determining that the jury should not be directed to […]
Summary of LPS legislation passage through Parliament. Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19)
— In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t […]

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