February 2019 – Mental Capacity Law and Policy

Legislative developments

Mental Capacity (Amendment) Bill update

The Mental Capacity (Amendment) Bill returned to the Lords last night (26 February). The majority of the amendments introduced by the Government in the … Read More ›

CRPD

Deprivation of liberty and disability- its meaning and (il)legitimacy?

A report has just been published by the UN Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas, on ‘Ending the deprivation of liberty on … Read More ›

Legislative developments, MHA Review

Mental Health Act review supporting documents

The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. They include, in particular, the … Read More ›

39 Essex Chambers February Mental Capacity Report

After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a personal view … Read More ›

Capacity, Case comments, CRPD, Mental Health

Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces

In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a majority decision, has identified the … Read More ›

Essex Autonomy Project research opportunities
October 19, 2020
The Essex Autonomy Project is currently accepting applications to fill two full-time, fixed-term post-doctoral research positions.: One is on the …Read More »
39 Essex Chambers Mental Capacity October Report now out – and walkthrough
October 19, 2020
Welcome to the October 2020 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
When not to recognise a foreign order
October 17, 2020
In Re AB [2020] EWCOP 47, Senior Judge Hilder had to grapple with two difficult questions in the context of …Read More »
DHSC MCA/DoLS COVID-19 guidance updated and walk-through
October 16, 2020
The DHSC’s MCA/DoLS COVID-19 guidance was updated on 15 October, including, in particular, consideration of when face-to-face visits can taken …Read More »
Coronavirus Restrictions – tiered Local Alerts and impaired decision-making capacity
October 14, 2020
With effect from 14 October, restrictions within England are set at one of three levels – medium, high and very …Read More »

Case (Condition removed from conditional discharge). Re E [2020] MHLO 52 (FTT)
— The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had […]
Case (Video tribunal hearing set aside). Re D [2020] MHLO 51 (FTT)
— (1) The decision in this case was set aside because it was not clear whether or not the patient had a reasonable opportunity to hear all the evidence that was given at the hearing: it was not possible to be sure that the patient had a fair hearing. (2) The patient's microphone had been […]
Event. Edge Training: Level 3 Safeguarding Adults (online, 1-2 Feb 2021)
—A single training course delivered in two sessions via live webinar. This Level 3 Safeguarding Adults webinar offers delegates the opportunity to explore the legal framework, which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on […]
Case (Deprivation of liberty during conditional discharge). Birmingham City Council v SR [2019] EWCOP 28
— (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 […]
Social distancing and mental capacity. Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 6/10/20)
— "This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty."

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