39 Essex Chambers March 2024 Mental Capacity Report

Welcome to the March 2024 Mental Capacity Report.  Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: sexual and contraceptive complexities and an important light shed on DoLS from Northern Ireland;

(2) In the Property and Affairs Report: the obligations on the LPA certificate provider, telling P their damages award, and dispensing with notification in statutory will cases;

(3) In the Practice and Procedure Report: when it is necessary to go to court in serious medical treatment cases, and a Scottish cross-border problem;

(4) In the (new) Mental Health Matters Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence;

(5) In the Wider Context Report: when not to try CPR, developments in the context of assisted dying / assisted suicide and with Martha’s Rule, and news from Ireland;

(6) In the Scotland Report: a Scottish take on the Cheshire West anniversary and a tribute to Karen Kirk.

The screen-friendly compendium can be found here, and the print-friendly here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also sign up to the Mental Capacity Report.

Finally, we should note March 2024 contains three ten year anniversaries.   One is national – indeed international – significance: the decision in Cheshire West; one is of national significance: the House of Lords Select Committee post-legislative scrutiny report on the MCA 20025; and the third is of personal significance to me, the launch of this website.

A walkthrough of the report is here:


Print Friendly, PDF & Email

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.