In NHS NW London ICB [2024] EWCOP 35, the Vice-President of the Court of Protection, Theis J, gave a careful… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
39 Essex Chambers July 2024 Mental Capacity Report and walkthrough
The July 2024 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Mental Capacity & Homelessness – National Practitioner Survey 2024
[A message on behalf of this brilliant[1] project: Use of the Mental Capacity Act 2005 with people experiencing multiple exclusion… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
Mental capacity, mental health and assisted dying – for the Government in-tray
For those wanting to get themselves up to speed in new posts, a few resources: On deprivation of liberty –… Read more
Local authorities, care orders and consent to confinement – another striking decision from Lieven J
[update – the appeal against this decision was allowed by the Court of Appeal in February 2025. Judgment is awaited,… Read more
Decision-making capacity and mental health law – the Norwegian experience: in conversation with Jacob Jorem
In this ‘in conversation with’, I talk to Jacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience… Read more
Capacity for care providers
In this video, I seek to answer a question I very often get asked – namely “why do I keep… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more