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Month: June 2021

LPS

DHSC LPS implementation 4th Newsletter

[The 4th LPS implementation newsletter was published on 29 June 2021.  I reproduce the material parts of the text below; to subscribe, please email lps.cop@dhsc.gov.uk]. … Read More ›

Posted on June 30, 2021June 30, 2021
LPS

LPS Steering Group meeting May 2021

The minutes of the May 2021 steering group were published on 25 June 2021. By comparison with the previous minutes, available on my resources page … Read More ›

Posted on June 29, 2021June 29, 2021
Case comments

Liberty Protection Safeguards: implementation support (for England) outlined

The DHSC published on 25 June 2021 (on a page to be populated with more detail on a rolling basis) details of two English implementation … Read More ›

Posted on June 25, 2021June 25, 2021
Miscellaneous

Preparing for the cliff-edge of 18: webinar, mythbusting document and help with making applications for property and affairs deputyship

The National Mental Capacity Forum held a webinar on 15 June about preparing for the cliff-edge of 18.   A recording of the webinar is available … Read More ›

Posted on June 18, 2021
Newsletters

39 Essex Chambers June Mental Capacity Reports

The June 2021 Mental Capacity Report will shortly be making its way to subscribers.  The walkthrough is here: Highlights this month include: (1) In the … Read More ›

Posted on June 15, 2021
LPS

Liberty Protection Safeguards: new factsheets

The DHSC has today (11 June 2021) published 6 more factsheets about the LPS 1. Liberty Protection Safeguards: criteria for authorisation (June 2021) 2. Liberty … Read More ›

Posted on June 11, 2021June 30, 2021
Capacity, Case comments, Comments

Voting, discrimination and legal capacity

In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can … Read More ›

Posted on June 8, 2021
Case comments, Deprivation of liberty

Substance or form? When do repeated errors invalidate a DoLS authorisation?

What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person?    This question was posed before … Read More ›

Posted on June 7, 2021June 7, 2021

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)
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  • March 2022 (13)
  • February 2022 (7)
  • January 2022 (2)
  • December 2021 (8)
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  • August 2021 (1)
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  • June 2021 (8)
  • May 2021 (11)
  • April 2021 (7)
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  • June 2020 (19)
  • May 2020 (27)
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  • December 2019 (1)
  • November 2019 (6)
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  • August 2019 (1)
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  • June 2019 (5)
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  • December 2018 (14)
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