May 2020 – Mental Capacity Law and Policy

COVID-19

Movement restrictions, COVID-19 and mental capacity

[Update 3 July 2020 – with the coming into force on 4 July of the Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations 2020, the position … Read More ›

Law and ethics – in conversation with Julian Sheather

In this shedinar, I talk to Julian Sheather, special adviser in ethics and human rights to the British Medical Association. Amongst other topics we look … Read More ›

Case comments, COVID-19, Webinar

DHSC MCA/DoLS COVID-19 guidance updated (and shedinar walkthrough)

The DHSC’s emergency MCA/DoLS guidance has been updated today (29 May). Most importantly, additional guidance has been published, addressing a number of key points … Read More ›

Webinar

CPBA Webinar on MCA decision-making: slides now available

The slides from the Court of Protection Bar Association Webinar on “MCA decision making in the time of COVID-19 for those in care homes and … Read More ›

Webinar

Capacity, complexity and time – a discussion with Gareth Owen

The latest ‘in conversation from the shed’ is with the psychiatrist, Dr Gareth Owen, in which we discuss what makes some capacity assessments complex, some … Read More ›

Capacity and suicide

[Warning: this post contains a legal analysis of the question whether a person can be said to have capacity to take their own life, and … Read More ›

Court of Protection update

Senior Judge Hilder and the Operations Manager of the Court of Protection have provided an update on the court’s performance and activities during the COVID-19 … Read More ›

COVID-19, Webinar

MCA decision making in the time of COVID-19 for those in care homes and supported living

The Court of Protection Bar Association is holding a webinar at 17:00 on 28 May 2020 on this topic, chaired by the Vice-President of the Court of … Read More ›

COVID-19

Updated NHS guidance on MHA and ‘supporting systems’ – and Code of Practice

NHSE-I published on 19 May updated guidance on the impact of the coronavirus (COVID-19) pandemic on the use of the Mental Health Act (MHA) and … Read More ›

Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »
Court of Protection Handbook – August 2020 Quarterly Update
August 1, 2020
The quarterly update on the COPH website to the third edition of the Handbook is now out, bringing the book …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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