The 39 Essex Chambers November Mental Capacity Reports are now out Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal considers parental consent to confinement, CANH withdrawal and the courts, and the latest DOLS figures; (2) In the Property and Affairs Report: personal injury payouts and […]
In Re Y EWHC 2866 (QB), handed down this morning (13 November), O’Farrell J has declared that it is not mandatory to bring before the Court of Protection the withdrawal of CANH in the case of Mr Y, who has prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y’s family are […]
The Law Commission’s important consultation on the law of wills closes on Friday 10 November. I urge you to respond if you have any interest in supporting the exercise of legal capacity in relation to this extremely important area. You can find the details here and (for true nerds) my response here.
Accompanying the new Rules to come into effect on 1 December 2017 (assuming Parliamentary approval), a new suite of Practice Directions will also be brought into force. A table is set out below, and the PDs can all be found here. For the most part, the substance of the Practice Directions is the same as […]
The changes to ss.135 and 136 MHA introduced by the Crime and Policing Act 2017 are coming into force on 11 December. The effect of these changes, together with links to the associated regulations and (non-statutory) guidance is all usefully summarised here in a letter sent out by NHS England.
The Court of Protection Rules 2017 have been laid before Parliament, to come into force on 1 December. These recast all of the Rules into the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September […]
The Court of Appeal ( EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ( EWCOP 8), in which he held that parents could not consent to the confinement of their 16 or 17 year old children. As I am instructed in the case (on behalf of […]
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s MCD report. I reproduce it below: I am today announcing the publication of the Government’s interim response to the Law Commission’s report on Mental Capacity and Deprivation of Liberty, a […]
The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November. Entitled ‘Intersections with mental capacity and mental health,’ keynote speakers include Professor Jonathan Herring, University of Oxford; Kirsty Keywood, University of Manchester; Professor Taj Nathan, University of Chester and Dr Gianetta Rands. For more details, and to […]