The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
“Proportional assessments,” remote assessments, the Care Act and the MCA
Chief social worker for adults Lyn Romeo and principal social workers have issued (8 August 2023) guidance on carrying out… Read more
Court of Protection Handbook update August 2023
The quarterly update to the Court of Protection Handbook is now available on the Handbook website, including details of the new COP3… Read more
Self-binding directives: the view from Europe – in discussion with Matthé Scholten
In this ‘in conversation with’, I talk to Dr Matthé Scholten about self-binding directives, coercion in mental health treatment and… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
The limits of autonomy – what happens where healthcare professionals consider the choice too risky?
R (JJ) v Spectrum Community Healthcare CIC [2023] EWCA Civ 885, a decision of the Court of Appeal handed down… Read more
Updated COP3 form now live
A substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so… Read more
Committal hearings in the Court of Protection – publicity and complexity
In Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the… Read more
Call for Evidence: Open Justice, the way forward
For those who have not already stumbled across it, a reminder that the Ministry of Justice has an open call… Read more
Deciding what alternative treatments are reasonable: a task for the doctor or the patient? The Supreme Court decides
In a decision handed down with considerable speed (the hearing being on 10-11 May 2023, and judgment being delivered on… Read more