In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The MCA and money – new shedinar
In this shedinar, recorded in August 2023, I explain how the MCA applies when thinking about people’s money, property and… Read more
Updated MCA/MHA interface shedinar
To take account of the judgment in Manchester University Hospital NHS Foundation Trust v JS & Others (Schedule 1A Mental… Read more
The MHA/MCA interface revisited – Theis J rolls up her sleeves
Theis J has waded into the thickets of Schedule 1A. In Manchester University Hospital NHS Foundation Trust v JS &… Read more
Section 117 MHA, after-care, and ordinary residence: the Supreme Court gives clarity
The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more
“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