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Month: January 2021

LPS

LPS further update – monitoring, workforce and data collection

The DHSC published the minutes of the December LPS steering group meeting on 29 January 2021.   The minutes include discussion of the DHSC’s intentions as … Read More ›

Posted on January 29, 2021January 29, 2021
LPS

LPS revised (but not final) impact assessment published

A revised impact assessment for the LPS has been published on 28 January 2021.   It needs to be read with the important caveat (to be … Read More ›

Posted on January 28, 2021
Case comments, COVID-19

COVID-19 Vaccination and the MCA – the first Court of Protection judgment

In E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection, Hayden J, has given the first reported judgment on capacity and best … Read More ›

Posted on January 27, 2021January 28, 2021
Case comments, Mental Health

“Personal examination” and the MHA – FAQs following the Devon judgment

This is an updated version of the post first published on 26 January 2021.  I need to emphasise that what is set out below is … Read More ›

Posted on January 26, 2021February 11, 2021
Case comments

LPS – background and walkthrough

As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the background and overview: Two caveats … Read More ›

Posted on January 22, 2021
Case comments, Deprivation of liberty, Mental Health

“Personal examination” means “personal examination” within the MHA

In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has held that “the phrases “personally … Read More ›

Posted on January 22, 2021
Webinar

In conversation with Dr Idris Baker – what is a decision?

In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is a decision” and examine it … Read More ›

Posted on January 20, 2021
Webinar

Shedinar – the MCA and 16/17 year olds

In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can serve only as an overview.  … Read More ›

Posted on January 18, 2021
Case comments, Medical treatment

When is a refusal by a 16 or 17 year old of treatment determinative?

When should refusal of treatment by someone under 18 be determinative?   For many years, it had been thought that the Court of Appeal had resolved … Read More ›

Posted on January 18, 2021January 18, 2021
Case comments

39 Essex Chambers January 2021 Mental Capacity Report

The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; (1) In the Health, Welfare … Read More ›

Posted on January 15, 2021January 18, 2021

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Older posts

Recent Posts

  • 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 »
  • MCA Code and LPS consultation – question time

    April 19, 2022
    As per my earlier post, and juggling the twin demands of sabbatical and my conscience, I am going to do …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 (2)
  • 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)
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  • December 2019 (1)
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  • September 2019 (6)
  • August 2019 (1)
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  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
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  • July 2018 (6)
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  • 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)
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  • March 2017 (14)
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  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
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  • April 2016 (5)
  • March 2016 (9)
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  • December 2015 (7)
  • November 2015 (4)
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  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
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  • March 2014 (24)

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