Skip to content
Mental Capacity Law and Policy
  • Welcome
  • About me
  • Posts
  • Resources and blogs
    • COVID-19 and the MCA 2005
    • Liberty Protection Safeguards resources
    • Cheshire West resources
  • Shedinars
  • Articles and papers
  • Books
  • Legal advice
  • Disclaimer
  • Privacy policy

Month: February 2021

Book Reviews

Book Review: Clustered Injustice and the level green (Luke Clements, LAG, 2020)

Clustered Injustice and the level green (Luke Clements, Legal Action Group, 2020, ebook/paperback, £20) In some ways, it is ironic that this book is published … Read More ›

Posted on February 28, 2021March 2, 2021
Book Reviews

Power of Attorney: All you need to know: Book Review: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021)

Power of Attorney: All you need to know: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021, paperback/Kindle: £10.99) In this … Read More ›

Posted on February 28, 2021March 2, 2021
COVID-19

Updated vaccination guidance note

We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by the Court of Protection concerning … Read More ›

Posted on February 26, 2021
Best interests, Case comments, COVID-19, Medical treatment

When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he had addressed in Sandwell And … Read More ›

Posted on February 26, 2021
Best interests, Capacity, Case comments

A right to family life does not mean an obligation to endure one

In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 year old man, and the … Read More ›

Posted on February 24, 2021
Best interests, Case comments, Medical treatment

How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness

In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version of a dilemma that presents … Read More ›

Posted on February 24, 2021February 24, 2021
Case comments, Sexual relations

Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations

In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the Court of Appeal’s decision in … Read More ›

Posted on February 24, 2021February 26, 2021
Case comments, COVID-19, Medical treatment

Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings

In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E (Vaccine) [2020] EWCOP 14.  In SD … Read More ›

Posted on February 21, 2021
Research of interest

New issue of the International Journal of Mental Health and Capacity Law now out

The (pandemic delayed) new issue of the IJMHCL is now published, available (for free), here:  To whet your appetite, I reproduce the editorial below:  This … Read More ›

Posted on February 14, 2021
Newsletters

39 Essex Chambers Mental Capacity Report February 2021 and walkthrough

The February 2021 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: vaccination; interim … Read More ›

Posted on February 12, 2021

Posts navigation

Older posts

Recent Posts

  • The Court of Protection and obstetric decisions – two contrasting stories

    March 8, 2021
    In two decisions which came out simultaneously, the Court of Protection had to consider how to approach obstetric decisions, in …Read More »
  • Updated lockdown and face covering regulations in England

    March 7, 2021
    The lockdown regulations for England have been amended as part of the first steps towards unlocking, allowing, in particular, for …Read More »
  • Visiting guidance – English care homes from 8 March

    March 4, 2021
    The DHSC has now published both guidance for care homes and for visitors, to take effect on 8 March 2021 …Read More »
  • Book Review: Clustered Injustice and the level green (Luke Clements, LAG, 2020)

    February 28, 2021
    Clustered Injustice and the level green (Luke Clements, Legal Action Group, 2020, ebook/paperback, £20) In some ways, it is ironic …Read More »
  • Power of Attorney: All you need to know: Book Review: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021)

    February 28, 2021
    Power of Attorney: All you need to know: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, …Read More »

RSS Bailii capacity cases

  • X NHS Foundation Trust & Anor v Ms A [2021] EWCOP 17 (01 March 2021) March 5, 2021
  • East Lancashire Hospitals NHS Trust v GH [2021] EWCOP 18 (05 March 2021) March 5, 2021
  • Rokkan v Rokkan & Anor [2021] EWHC 481 (Ch) (04 March 2021) March 4, 2021
  • A And B (Minors: placement, faith) [2021] EWHC 455 (Admin) (01 March 2021) March 1, 2021
  • NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) February 25, 2021

RSS Bailii CRPD cases

  • Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin) (03 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Z v A Government Department and the Board of Management of a Community School [2013] EUECJ C-363/12 (26 September 2013)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)

RSS MHLO updates

  • Medical leave guidance. Mental Health Casework Section, 'Guidance: Medical Leave for Restricted Patients' (February 2021)
    — "This document sets out the arrangements that apply for restricted patients detained in psychiatric hospitals who are required to attend general hospitals, dentists, opticians or other designated medical facilities for appointments or procedures for their physical health." Alternative title: "Medical Leave Guidance" (Gov.uk web page).
  • Leave guidance. Mental Health Casework Section, 'Section 17 - leave of absence' (December 2020)
    — "This document sets out information for medical professional considering applications for community leave under section 17 of the Mental Health Act 1983 (MHA). This guide provides valuable information to help ensure the safe management of restricted patients whilst detained in hospital and help prepare them for subsequent life in the community when discharged." Alternative […]
  • MAPPA guidance. Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021)
    — "This document has been created to provide information for MHCS staff and those working directly with restricted patients to outline the requirements and expectations with regard to MAPPA arrangements in conjunction with the MHCS's responsibility to discharge of the Secretary of State's functions under the Mental Health Act 1983."
  • Event. MHLO: Annual Review 2020 meeting (online, 26/3/21)
    —Roger Pezzani (Garden Court Chambers) and Alex Ruck Keene (39 Essex Chambers) will discuss recent events, including: (1) How has the MHA held up under pandemic pressure? (2) Why is the MHA/MCA interface so difficult? (3) Where is the law going? Cost: free. Time: 10am to 1pm. To register, please subscribe to the "MHLO Annual […]
  • Annual Review. Jonathan Wilson, Mental Health Law Online: Annual Review 2020 (published 2021)
    — The Annual Review 2020 contains all news items, arranged thematically, which were added to the website during 2020. It also contains a mental health law update article from Legal Action magazine. Price: paperback £5.99, Kindle £2.99.

RSS Baillii Mental Health Act cases

  • Rebelo, R. v[2021] EWCA Crim 306 (08 March 2021)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • RH v Secretary of State for Work and Pensions (DLA) (Claims and payments - appointment to act) [2018] UKUT 48 (AAC) (12 February 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • PA096022016 [2018] UKAITUR PA096022016 (13 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • P.L. -v- The Clinical Director of St. Patrick's University Hospital & Ors [2018] IECA 29 (14 February 2018)0
    From Irish Court of Appeal
  • Miller v Director of Public Prosecutions [2018] EWHC 262 (Admin) (15 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • AA043492015 & AA39662015 [2018] UKAITUR AA043492015 (16 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • IA049372015 & IA326222014 [2018] UKAITUR IA049372015 (21 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • HU007512016 [2018] UKAITUR HU007512016 (23 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • IA197922015 [2018] UKAITUR IA197922015 (1 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Monthly Post Archives

  • March 2021 (3)
  • February 2021 (20)
  • January 2021 (14)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • 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)

Log In


Lost your password?
Register
Forgotten Password
Cancel

Register For This Site

A password will be e-mailed to you.

© 2021 Mental Capacity Law and Policy
Powered by WordPress / Theme by Design Lab