This is a guest post from Lorraine Currie, West Midlands ADASS Associate, Mental Capacity Act and Deprivation of Liberty. For… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Identifying a deprivation of liberty: a practical guide – updated Law Society guidance (and walkthrough)
Ahead of the 10th anniversary on 19 March 2024 of the Supreme Court decision in Cheshire West, the Law Society… Read more
Birth arrangements, choice and mental ill health – in conversation with Dr Sam Halliday
In this ‘in conversation’ with Dr Sam Halliday, we consider why the courts in England & Wales take the approach… Read more
Capacity in civil proceedings consultation – help wanted (urgently!)
The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which is shortly… Read more
End of life care: improving DNACPR conversations for everyone
An important (but depressingly familiar) report from the Parliamentary Health Service Ombudsman has been published today, 14 March 2024. The… Read more
How is the Mental Capacity Act faring? In conversation with Dr Margaret Flynn
To mark 10 years since the publication of the report of the House of Lords select committee convened to conduct… Read more
Lieven J puts the (Cheshire West) cat amongst the pigeons
Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more