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 ›

Shedinar – the MCA and 16/17 year olds
January 18, 2021
In this shedinar, I look at the MCA and 16/17 year olds. This is a complicated area, so this can …Read More »
When is a refusal by a 16 or 17 year old of treatment determinative?
January 18, 2021
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the …Read More »
39 Essex Chambers January 2021 Mental Capacity Report
January 15, 2021
The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include; …Read More »
Mental Capacity in the MHA – the White Paper
January 14, 2021
Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
Mental Health Act reform – the next stage
January 14, 2021
The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »

Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
— (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
— This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
— "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

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