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 ›

Basic guide to the Court of Protection and glossary
July 8, 2020
With thanks to Victoria Butler-Cole QC, upon whose excellent 2013 work we have built, a small team comprising her, Sarah …Read More »
39 Essex Chambers Best Interests Guide updated
July 8, 2020
The best interests guide we do in Chambers has been updated to take account of developments since the last iteration …Read More »
Testing, capacity and COVID-19 – shedinar
July 7, 2020
I have recorded a shedinr under the auspices of the National Mental Capacity Forum on testing for COVID-19 with Chelle …Read More »
The ‘light-touch’ lockdown in England from 4 July
July 3, 2020
The Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations, which came into force on 4 July, change, yet again, the legal …Read More »
Deprivation of liberty and 16-17 year olds – practice guidance
July 1, 2020
With huge thanks to Research in Practice for making this freely available, Camilla Parker and I have written practice guidance …Read More »

Case (Habitual residence). Re QD (No.2) [2020] EWCOP 14
— A legal deadlock had arisen: (a) the English court did not have primary jurisdiction, as QD was habitually resident in Spain; (b) the Spanish court would not exercise its jurisdiction unless QD were in Spain; (c) there was no obligation to return QD there. The coronavirus travel bans meant an "urgent" decision under MCA […]
Case (Habitual residence). Re QD [2019] EWCOP 56
— QD, who had dementia, was living in Spain with his second wife when adult children from his first marriage flew him to England by stealth. The children unsuccessfully argued that: (a) he was now habitually resident in England, so the MCA applied in the usual way; (b) removal was justified under the common law […]
Case (Capacity - DOL). Sunderland City Council v AS [2020] EWCOP 13
— (1) The court decided that a CTO patient lacked capacity in all relevant areas (litigation, residence, care and contact). When giving oral evidence the jointly-instructed psychologist changed her mind on: litigation capacity (initially she thought AS had litigation capacity while not having subject matter capacity), residence (she placed insufficient weight on 'structure and routine', […]
Case (Recognition of foreign protective measure). Health Service Executive of Ireland v Moorgate [2020] EWCOP 12
— (1) The necessary criteria were met for the recognition and enforcement of protective measures contained in an order made by the Southern Irish High Court which authorised the patient's transfer from a London hospital to a specialist hospital in Leeds. (2) An appendix entitled "Domestic regimes applicable to SM and those in her position" […]
Case (Treatment despite religious delusions). Sherwood Forest Hospitals NHS Foundation Trust v C [2020] EWCOP 10
— (1) Having previously undergone two hysteroscopies, and initially consented to removal of her ovaries and fallopian tubes, C disengaged, expressed religious views (such as that only God could cure her cancer), and was assessed as lacking capacity. The judge decided that "she clearly lacked capacity and her rejection of the treatment, which is clinically […]

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