The August issues of the Thirty Nine Essex Street Mental Capacity Law Newsletters are now out.
Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Newsletter: a very important medical treatment case about life-sustaining treatment and MCS, a difficult case about capacity and pregnancy/contraception, deprivation of liberty in children’s homes and the Law Commission’s project on deprivation of liberty;
(2) In the Property and Affairs Newsletter: cases on revocation of EPAs, capacity and tenancy agreements, and the Law Commission’s project on wills;
(3) In the Practice and Procedure Newsletter: an important case on when to hold a fact-finding hearing, a challenging case on the inherent jurisdiction and care management, the end (for now) of the Redbridge saga, and news of an important appeal on nominal damages for unlawful detention;
(4) In the Capacity outside the COP Newsletter: an update on the work being done to assess the compatibility of the MCA with the CRPD, news of the consultation on the draft MHA Code of Practice and news of the Northern Irish Mental Capacity Bill
(5) In the Scotland Newsletter: an update on the legal consequences of delaying reporting by MHOs in welfare guardianship applications, news of the MWC’s most recent investigation, and an important case on capacity to consent to sexual relations.
The team are now taking a break and will return in early October, although they will send out newsflashes where necessary (including as regards the post-Cheshire West cases). Enjoy your summer!