Comments – Mental Capacity Law and Policy

CRPD, Deprivation of liberty

Deprivation of liberty – appropriate places and appropriate treatment

In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important review and clarification of its … Read More ›

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Case comments, CRPD, Medical treatment

Life-sustaining treatment – what would P have done? And does it make a difference that she is in a ‘pro-life’ nursing home?

In A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18, MacDonald J gave a detailed judgment to explain why he endorsed an … Read More ›

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Legislative developments, LPS

Full text of Mental Capacity (Amendment) Act 2019 now published

The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being driven to despair by trying … Read More ›

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39 Essex Chambers May Mental Capacity Reports

The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights this month include: (1) In … Read More ›

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An Act is passed – the LPS Bill gets Royal Assent

Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details have yet been given as … Read More ›

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Capacity, Case comments, Sexual relations

Sexual relations, rights and capacity

The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 at which Hayden J considered … Read More ›

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Best interests, Case comments, Medical treatment

Reproductive rights and when it is ‘right’ to go to court

University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests) [2019] EWCOP 16 concerned whether it was in the best interests … Read More ›

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Capacity, Case comments, CRPD, Practice and Procedure

Capacity, pre-nuptial agreements and knowledge of your own assets

PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a prenuptial agreement and also disclosure … Read More ›

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Capacity, Case comments, Practice and Procedure

Executive dysfunction under the judicial spotlight

In TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 Macdonald J had cause to consider the phenomenon of executive dysfunction in … Read More ›

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39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »
LPS – (slightly) more flesh on the bones
May 31, 2019
The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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