Skip to content
Mental Capacity Law and Policy
  • Welcome
  • About me
  • Posts
  • Resources and blogs
    • LPS resources
    • Cheshire West resources
  • Shedinars
  • Articles and papers
  • Books
  • Legal advice
  • Disclaimer
  • Privacy policy

Month: June 2023

Capacity, Case comments

Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces

Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder. Since 2015 she had been … Read More ›

Posted on 29 June 2023
Capacity, Case comments

Executive capacity and the Court of Protection

Warrington Borough Council v Y & Ors  [2023] EWCOP 27. This application concerned Y, who was in her early twenties.  Y had been diagnosed with … Read More ›

Posted on 29 June 2023
Legislative developments

Scottish Mental Health Law Review – the Scottish Government response

The Scottish Government has today (28 June 2023) published its response to the independent review of mental health, capacity and adult support and protection legislation, … Read More ›

Posted on 28 June 2023
Book Reviews

Book Review: Making Decisions in Compulsory Mental Health Work

Making Decisions in Compulsory Mental Health Work (edited by Jill Hemmington and Sarah Vicary, Policy Press, 2023, 203 pages, c £24.99) To get the bad … Read More ›

Posted on 26 June 202326 June 2023
Research of interest

Deprivation of liberty applications relating to children: what is actually happening?

[In an extremely helpful, but depressing, report published on 22 June 2023, the Nuffield Family Justice Observatory analysed applications received during the first two months … Read More ›

Posted on 24 June 2023
Conferences

Third UK and Ireland Mental Diversity Law Conference – 6th & 7th July 2023 – final chance to register

Registration closes at 12 noon on 29 June for the Third UK and Ireland Mental Diversity Law Conference – 6th & 7th July 2023, to … Read More ›

Posted on 24 June 2023
LPS

DHSC response to the Joint Committee on Human Rights regarding the LPS delay and its implications

[The Joint Committee on Human Rights wrote on 28 May 2023 to the Minister of State for Social Care to express its view that the … Read More ›

Posted on 22 June 2023
Legislative developments

Visiting in care homes, hospitals and hospices – consultation on proposed new legislation in England

The Department of Health and Social Care is consulting (with a closing date of 16 August 2023), seeking “views on introducing secondary legislation to protect … Read More ›

Posted on 22 June 2023
LPS

MCA update from the DHSC / MOJ – a Code update is on the cards.

In the most recent DOLS Newsletter published on 20 June 2023, the DoLS and Mental Capacity team at the DHSC have given the following update:  … Read More ›

Posted on 20 June 202320 June 2023
Best interests, Capacity, Case comments, Medical treatment, Mental Health

What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection

In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in February 2023, but only published … Read More ›

Posted on 19 June 202320 June 2023

Posts navigation

Older posts

Recent Posts

  • Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration

    29 November 2023
    Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the …Read More »
  • Wales striking out alone on mental health reform?

    29 November 2023
    In a fascinating development, James Evans MS, who won the relevant ballot, is to seek to put before the Senedd …Read More »
  • The Routledge Handbook of Mental Health Law – in conversation with Professors Brendan Kelly and Mary Donnelly

    27 November 2023
    In this ‘in conversation’ with, I talk to the editors of the new Routledge Handbook of Mental Health Law, Professors …Read More »
  • My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people

    9 November 2023
    Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme …Read More »
  • Mental health, mental capacity and the King’s Speech: rights protection absent legislative change

    7 November 2023
    The background briefing notes to the King’s Speech on 7 November 2023 confirmed by their silence that which was increasingly …Read More »

RSS Bailii capacity cases

  • CTQ v King's College Hospital NHS Foundation Trust [2023] EWHC 2975 (KB) (23 November 2023) 27 November 2023
  • Wagstaff v Murison [2023] EWHC 2976 (KB) (08 November 2023) 27 November 2023
  • Lincolnshire County Council v X & Ors [2023] EWCOP 53 (15 September 2023) 27 November 2023
  • Lincolnshire County Council v X & Ors [2023] EWCOP 52 (19 July 2023) 27 November 2023
  • HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18 (28 February 2023) 21 November 2023

RSS Bailii CRPD cases

  • A.B v Health Service Executive & Ors (Re HSE Standard Operating Procedure, January 2020) (Unapproved) [2023] IECA 275 (10 November 2023)0
    From Irish Court of Appeal
  • Gregory v Nottingham University Hospitals NHS Foundation Trust & Ors [2023] EWCA Civ 1262 (23 October 2023)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Rev1) [2023] EWHC 2556 (Fam) (13 October 2023)0
    From England and Wales High Court (Family Division) Decisions
  • Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156 (11 October 2023)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • W & Anor v The Health Service Executive (Approved) [2023] IECA 244 (09 October 2023)0
    From Irish Court of Appeal

RSS MHLO updates

  • Case (Reinstatement). MB v South London and Maudsley NHS Foundation Trust [2023] UKUT 261 (AAC)
  • Case (Adjournment for aftercare evidence). SS v Cornwall Partnership NHS Foundation Trust [2023] UKUT 258 (AAC)
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 136, November 2023)
  • CQC prosecution. Andy Dolan, 'Priory hospital chain is charged by the healthcare watchdog over death of an NHS patient, 23, who absconded while in its care after being left unattended in courtyard' (Mail Online, 6/11/23)
  • Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 5/10/23)

RSS Bailii Mental Health Act cases

  • FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357 (20 November 2023)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Manchester University NHS Foundation Trust v Mr Y & Ors [2023] EWCOP 51 (15 November 2023)0
    From England and Wales Court of Protection Decisions
  • Exolum Pipeline System Ltd, R (On the Application Of) v Crown Court at Great Grimsby [2023] EWHC 2811 (Admin) (10 November 2023)0
    From England and Wales High Court (Administrative Court) Decisions
  • A.B v Health Service Executive & Ors (Re HSE Standard Operating Procedure, January 2020) (Unapproved) [2023] IECA 275 (10 November 2023)0
    From Irish Court of Appeal
  • Carroll v A Judge of the District Court & Anor (Approved) [2023] IECA 271 (10 November 2023)0
    From Irish Court of Appeal

Monthly Post Archives

  • November 2023 (8)
  • October 2023 (10)
  • September 2023 (9)
  • August 2023 (14)
  • July 2023 (13)
  • June 2023 (17)
  • May 2023 (9)
  • April 2023 (14)
  • March 2023 (12)
  • February 2023 (15)
  • January 2023 (12)
  • December 2022 (8)
  • November 2022 (3)
  • October 2022 (6)
  • September 2022 (5)
  • August 2022 (3)
  • July 2022 (14)
  • June 2022 (16)
  • May 2022 (9)
  • 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)

Log In


Lost your password?
Register
Forgotten Password
Cancel

Register For This Site

A password will be e-mailed to you.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
© 2023 Mental Capacity Law and Policy
Powered by WordPress / Theme by Design Lab