In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
LPS – where are we, and where are we going?
[This post has been updated to be current as at March 2022, reflecting the draft Code of Practice as published… Read more
39 Essex Chambers Mental Capacity Assessment Guide updated
The Mental Capacity Report editorial team at 39 Essex Chambers have updated our guidance note on capacity assessment. For those… Read more
39 Essex Chambers March Mental Capacity Reports now out
Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity… Read more
Mental Capacity (Amendment) Bill update
The Mental Capacity (Amendment) Bill returned to the Lords last night (26 February). The majority of the amendments introduced… Read more
Capacity, social media and the internet
In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
Deprivation of liberty and disability- its meaning and (il)legitimacy?
A report has just been published by the UN Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas, on ‘Ending… Read more
Mental Health Act review supporting documents
The supporting materials for the review of the MHA 1983 that reported in December last year have now been published…. Read more
39 Essex Chambers February Mental Capacity Report
After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a… Read more
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