BASW Cymru have launched a survey regarding DoLS practice and the forthcoming Liberty Protection Safeguards. It is intended for completion… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
Medical treatment: delay, neglect and judicial despair
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to… Read more
Not only inimical… but potentially fatal, an update
Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it… Read more
Essex Autonomy Project Summer School – 10th anniversary
Registration for the 10th Essex Autonomy Project Summer School is now open. The EAP Summer School is an annual 3… Read more
Mental Health Tribunal rule consultation
The Tribunal Procedure Committee has opened a consultation, closing on 7 April, on extending the window within which the Mental Health… Read more
39 Essex Chambers – February report
Welcome to the February 2020 Mental Capacity Report, which is, even by our standards, a bumper one. Highlights this month… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Scottish Mental Health Law Review – website and consultation
The independent review of mental health law in Scotland under the chair of John Scott QC has launched its website,… Read more