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Month: September 2020

LPS

LPS – more flesh on the timetable bones

The DHSC has published the second of its LPS updates on 28 September; it can be found here.   It includes a number of important updates, … Read More ›

Posted on September 28, 2020September 28, 2020
COVID-19

Enforcement of self-isolation: another minefield to navigate in the capacity context

[This post has been superseded] The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 and set out a series of draconian measures that can be taken … Read More ›

Posted on September 28, 2020November 29, 2021
COVID-19

Joint Committee on Human Rights: COVID-19 report

The JCHR has today (21 September) published a detailed and extensive report into the human rights implications of the Government’s response to COVID-19, ahead of … Read More ›

Posted on September 21, 2020
Webinar

Commissioning, joined up thinking and planning ahead – in conversation with Emma Overton

In this “in conversation with” Emma Overton, Policy and Practice Development Lead at North East Lincolnshire CCG, we discuss commissioning, joined up thinking, and learning … Read More ›

Posted on September 15, 2020
Newsletters

39 Essex Chambers Mental Capacity Reports September now out – and walkthrough

Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated MCA/DoLS guidance, the anorexia Catch-22, and two important cases on … Read More ›

Posted on September 15, 2020
Book Reviews

Book review: A Practical Guide to the Law of Medical Treatment Decisions

A Practical Guide to the Law of Medical Treatment Decisions (Ben Troke, Law Brief Publishing, 2020, c£39.99) Ben Troke, a solicitor and partner at Hill … Read More ›

Posted on September 10, 2020
COVID-19

Remote witnessing of wills – legislation now before Parliament

Following (slightly oddly) the publication of the guidance as to the law, the relevant legislation has now been laid before Parliament to come into effect … Read More ›

Posted on September 7, 2020
Case comments, Deprivation of liberty

Continuous supervision and control – a further judicial take on deprivation of liberty

There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West … Read More ›

Posted on September 5, 2020September 5, 2020
Webinar

The case for fusion – in conversation with George Szmukler

In this “in conversation with,” I ask George Smuzkler, Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience, about the … Read More ›

Posted on September 4, 2020
Legislative developments

International Principles and Guidelines on access to justice for persons with disabilities

The three UN bodies that deal with disability rights have teamed up to issue the first-ever guidelines to help countries implement existing obligations to ensure … Read More ›

Posted on September 1, 2020

Recent Posts

  • Judging Values and Participation in Mental Capacity Law conference – last few places

    May 16, 2022
    Is there something unique about being a lawyer or judge in the Court of Protection (CoP)? Could this uniqueness have …Read More »
  • Mental Health Act reform – draft legislation now announced

    May 10, 2022
    In the Queen’s Speech today (10 May 2022), it was announced that draft legislation would be brought forward to reform …Read More »
  • Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough

    May 3, 2022
    In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond …Read More »
  • Bipolar and advance decision-making, ‘Future Selves’ – new book by Beth Hopkins

    April 26, 2022
    A new publication written by artist Beth Hopkins, and coordinated by the Bethlem Gallery as part of the Mental Health …Read More »
  • LPS and MCA Code consultation – video Q&As

    April 25, 2022
    Thanks very much to everyone who sent in questions.  I have done three videos trying to answer them.   If there …Read More »

RSS Bailii capacity cases

  • Tickle v Herefordshire County Council & Ors [2022] EWHC 1017 (Fam) (04 May 2022) May 5, 2022
  • PA034512020 [2022] UKAITUR PA034512020 (11 April 2022) May 2, 2022
  • Advinia Health Care Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 965 (Admin) (27 April 2022) April 28, 2022
  • Gardner & Anor, R (On the Application Of) v Secretary of State for Health and Social Care & Ors [2022] EWHC 967 (Admin) (27 April 2022) April 27, 2022
  • Salomon, R (On The Application Of) v Westminster Magistrates' Court [2022] EWHC 83 (Admin) (18 January 2022) April 23, 2022

RSS Bailii CRPD cases

  • DRAGAN KOVACEVIC v. CROATIA - 49281/15 (Judgment : Article 6 - Right to a fair trial : First Section) [2022] ECHR 364 (12 May 2022)0
    From European Court of Human Rights
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • ASALYA v. TURKEY - 43875/09 - Chamber Judgment [2014] ECHR 398 (15 April 2014)0
    From European Court of Human Rights
  • PH, Re Judicial Review [2014] NIQB 60 (29 April 2014)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights

RSS MHLO updates

  • FFP release notes and user guide. MHA Free Form Project, 'Release notes' (v4, 5/5/22)
  • FFP release notes and user guide. MHA Free Form Project, 'Release notes' (v3, 30/3/22)
  • Summary of LPS amendments to Code of Practice. Tim Spencer-Lane, 'How the government plans to implement the Liberty Protection Safeguards' (Community Care, 18/3/22)
  • Summary of non-LPS amendments. Tim Spencer-Lane, 'Guide to the draft MCA code of practice' (Community Care, 22/3/22)
  • Event. MHLA: Panel Course (Leeds, 27-28 June 2022)

RSS Baillii Mental Health Act cases

  • Child and Family Agency v L. & Anor (Unapproved) [2022] IECA 107 (09 May 2022)0
    From Irish Court of Appeal
  • Birmingham City Council v SR [2019] EWCOP 28 (17 July 2019)0
    From England and Wales Court of Protection Decisions
  • MA, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1502 (Admin) (13 June 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • PN v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Cheshire West And Chester Council v PWK [2019] EWCOP 57 (01 July 2019)0
    From England and Wales Court of Protection Decisions
  • United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24 (04 July 2019)0
    From England and Wales Court of Protection Decisions
  • Jamous v Mercouris [2019] EWHC 1746 (QB) (05 July 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • Turner, R v [2019] EWCA Crim 1300 (9 July 2019)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • TT, R (On the Application Of) v The Registrar General for England and Wales [2019] EWHC 1823 (Fam) (11 July 2019)0
    From England and Wales High Court (Family Division) Decisions
  • HU168762017 [2019] UKAITUR HU168762017 (12 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Monthly Post Archives

  • May 2022 (3)
  • April 2022 (4)
  • March 2022 (13)
  • February 2022 (7)
  • January 2022 (2)
  • December 2021 (8)
  • November 2021 (13)
  • October 2021 (4)
  • September 2021 (8)
  • August 2021 (1)
  • July 2021 (7)
  • June 2021 (8)
  • May 2021 (11)
  • April 2021 (7)
  • March 2021 (20)
  • February 2021 (19)
  • January 2021 (13)
  • December 2020 (7)
  • November 2020 (11)
  • October 2020 (17)
  • September 2020 (10)
  • August 2020 (9)
  • July 2020 (10)
  • June 2020 (19)
  • May 2020 (27)
  • April 2020 (13)
  • March 2020 (9)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
  • January 2017 (3)
  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
  • September 2016 (6)
  • August 2016 (7)
  • July 2016 (4)
  • June 2016 (10)
  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (3)
  • August 2015 (4)
  • July 2015 (11)
  • June 2015 (9)
  • May 2015 (4)
  • April 2015 (9)
  • March 2015 (6)
  • February 2015 (4)
  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
  • October 2014 (9)
  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

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