The November 2021 Mental Capacity Reports is about to hit subscribers‘ inboxes. Highlights this month include: Highlights this month include:… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Accessing small funds – important consultation now open
The Ministry of Justice are consulting on a potential mechanism to enable families seeking access to small funds belonging to… Read more
Communication and participation in the Court of Protection – new training video
Researchers on the AHRC-funded project, Judging Values and Participation in Mental Capacity Law, based at the ICPR, Birkbeck School of… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more
Court of Protection Quarterly Update – November 2021
The quarterly online update to the Court of Protection Handbook is now available, covering key practice and procedure updates to… Read more
The Sexual Offences Act, care workers, and paying for sex – the Court of Appeal pronounces
In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of… Read more
October 2021 Mental Capacity Report and walkthrough
The October 2021 Mental Capacity Report is about to hit subscribers‘ inboxes. Highlights this month include: (1) In the Health,… Read more