April 2019 – Mental Capacity Law and Policy

All (or at least part) go for the Mental Capacity Act (Northern Ireland)

Confounding the expectations of those who had thought that the stalemate in Stormont meant there was no possibility that MCA (NI) 2016 would ever be … Read More ›

Legislative developments

LPS – a parallel world?

Given the passing of final Parliamentary hurdles by the LPS, facilitated by the abandonment of any statutory definition of deprivation of liberty, it was distinctly … Read More ›

LPS is go

The Mental Capacity (Amendment) Bill passed its final legislative stage in the House of Lords this evening (24 April) and will shortly get Royal Assent … Read More ›

39 Essex Chambers Best Interests guide updated

Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable assistance of Stephanie David) have … Read More ›

Case comments, Cross-border

Seize the day, or lose the person

In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between the ability of the English … Read More ›

Accredited Legal Representatives Pilot

The Law Society have been in discussions with HMCTS regarding the issues related to the appointment process for ALRs, which has been far from smooth. In … Read More ›

Legislative developments, LPS

LPS update – back to the Lords on 24 April

The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages of the Mental Capacity (Amendment) … Read More ›

Sex, rights and controversy

The reported remarks of Hayden J at a directions hearing about the husband’s “right” to have sex with his wife have caused real controversy. Not … Read More ›

Legislative developments

LPS – further exchange between Joint Committee on Human Rights and Government

Ahead of today’s ping-pong stage in the Commons, the Government has published its response to the two reports of the JCHR on LPS. It is … Read More ›

39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »
LPS – (slightly) more flesh on the bones
May 31, 2019
The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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