39 Essex Chambers special report on Law Commission proposals

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39 Essex Chambers October Mental Capacity Report
October 17, 2018
This will shortly be circulated to those on the mailing list but by way of preview, highlights this month include: (1) …Read More »
Mental Capacity (Amendment) Bill – highlights from day 2 of Lords Committee stage
October 16, 2018
The second day of Committee stage before the House of Lords took place yesterday, 15 October. The transcript can be …Read More »
Mental Health Tribunal rule changes abandoned
October 8, 2018
The minutes of the Tribunal Procedure Committee in July have just been published and show that controversial proposed rule changes …Read More »
Mental Capacity (Amendment) Bill – more Government documents
October 7, 2018
The annexes have now appeared on the Bill documents page to the letter sent by Lord O’Shaughnessy on 24 July …Read More »
The NICE guideline on decision-making and mental capacity: very good try but only two thirds of a banana
October 6, 2018
To some extent, those responsible for pulling together the NICE guideline (NG 108) on decision-making and mental capacity published on …Read More »

Publication: HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list October 19, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list
Publication: HL Bill 117-III Third marshalled list for Committee October 18, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-III Third marshalled list for Committee
Publication: HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list October 17, 2018
Mental Capacity (Amendment) Bill [HL]: HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list
Publication: Committee: 2nd sitting (Hansard - continued) October 16, 2018
Mental Capacity (Amendment) Bill [HL]: Committee: 2nd sitting (Hansard - continued)
Publication: Committee: 2nd sitting (Minutes of Proceeding) October 16, 2018
Mental Capacity (Amendment) Bill [HL]: Committee: 2nd sitting (Minutes of Proceeding)

Deprivation of liberty (children) case. Re T (A Child) [2018] EWCA Civ 2136
— "This appeal relates to the exercise of the inherent jurisdiction by the High Court, Family Division when called upon to make orders which, but for a lack of capacity in the statutory system, would be made as secure accommodation orders under Children Act 1989, s 25 (CA 1989)."
LPA case. Public Guardian v DA [2018] EWCOP 26
— "This judgment concerns two test cases brought by the Public Guardian, by applications made under s.23 and Schedule 1 paragraph 11 of the Mental Capacity Act 2005, regarding the validity of words in lasting powers of attorney ('LPAs'). The first concerns words relating to euthanasia or assisted suicide, whereas the second concerns words as […]
New edition of MHA Manual. Richard Jones, Mental Health Act Manual (21st edn, Sweet and Maxwell 2018)
— Pre-order the paperback from Amazon (cheaper, percentage goes to MHLO, but they don't have it until 31/10/18) or order directly from the publishers (paperback, eBook or both). This is the book everybody needs to have.. See Books
Event. RAB: AMHP Refresher and Re-approval course - London, 26/11/18 to 28/11/18
— This 3-day course is based near London Bridge station at the London Councils training venue. It prepares AMHPs for re-approval as well as providing 18 hours of training to meet the annual regulatory requirement. Speakers: Rob Brown and Christine Hutchison. Cost £400 + VAT. Contact Rob Brown on robbrown@btinternet.com for further details and booking […]
Legal Aid guidance. Legal Aid Agency, ‘Contract management: mental health guidance’ (v3, 1/9/18)
— This document contains guidance under the following headings: (1) Overview; (2) Means Assessment; (3) Starting New MHT Matters; (4) Evidence of Means; (5) Level 1 and Level 2 Mental Health Proceedings Fees; (6) “Rolling Up” Matters; (7) Applications by a Nearest Relative; (8) The Court of Protection; (9) Work in Prisons; (10) Designated Accredited […]

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