In this ‘in conversation’ with, I talk to Dr Magda Furgalska about her research into people’s lived experiences of ‘insight’… 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 – an update
I posted a few weeks ago about new guidance on carrying out proportionate assessments under the Care Act 2014 published… Read more
39 Essex Chambers September Mental Capacity Report and walkthrough
Our September 2023 Mental Capacity Report is now out, which we think is our largest ever, thanks to judicial hyperactivity… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
‘Warehousing’ and the limits of appropriate treatment under the MHA 1983 – important new Upper Tribunal case
The issue facing the Upper Tribunal in SF v Avon and Wiltshire Mental Health Partnership [2023] UKUT 205 (AAC) was crisply… Read more
Guest post by Lorraine Currie: I wouldn’t start from here – A blog about the Deprivation of Liberty Safeguards
[This is a guest post by Lorraine Currie, a former DoLS Lead and currently an associate with WMADASS with a… Read more
2022-2023 DoLS statistics out: the crisis continues to deepen
The DoLS statistics for England for the year 1 April 2022 to 31 March 2023 were published today (24 August… Read more
The mental capacity and mental health law and policy landscape – a stocktake
As (for some at least) a summer break is starting to come to an end, I have recorded a version… Read more
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more