November 2019 – Mental Capacity Law and Policy

Deprivation of liberty in the hospital setting: updated guide

The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to take account of the decision … Read More ›

39 Essex Chambers November Mental Capacity Report

The November 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: … Read More ›

Advance Planning, Best interests, Case comments, Medical treatment, Mental Health

The MHA, force-feeding and best interests

In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the … Read More ›

Case comments, Cross-border

Foreign powers of representation – making them effective in England & Wales

In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues that arise where an attorney … Read More ›

Book Review: Parental Rights, Best Interests and Significant Harms

Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street v Gard (edited by Imogen Goold, Jonathan Herring and … Read More ›

Court of Protection Handbook – first quarterly update and new precedent letters

The first quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of use for those in possession … 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 (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."
Sentencing proposals. Ministry of Justice, 'A Smarter Approach to Sentencing' (CP 292, 16/9/20)
— This document mentions mental health several times, in particular in relation to Community Sentence Treatment Requirements.
Case (Public hearing and capacity). AR v West London NHS Trust [2010] MHLO 49 (UT)
— (1) The four factors set out in AH which must be considered in any application for a public hearing under Tribunal rule 38 are merely factors relevant to the ultimate test of whether a public hearing is in the interests of justice. The first factor ("whether it is consistent with the subjective and informed […]
Medical treatment book. Ben Troke, A Practical Guide to the Law of Medical Treatment Decisions (Law Brief Publishing, 2020)
— This book is aimed not only at lawyers, but also clinicians and anyone with an interest in how medical treatment decisions are made.

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