Advance Planning – Mental Capacity Law and Policy

Advance Planning, Best interests, Medical treatment

ADRTs, medical obligations and decision-making relation in CANH

In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance on decisions about clinically assisted … Read More ›

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Advance Planning, Best interests, Case comments, Medical treatment

Treatment withdrawal – the Indian Supreme Court perspective

In a true door-stop of a judgment (538 pages) the Indian Supreme Court confirmed on 9 March the lawfulness of advance decisions to refuse treatment, … Read More ›

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Advance Planning, Best interests, Medical treatment

New Guidance Issued on DNACPR

The British Medical Association, the Resuscitation Council (UK) and the Royal College of Nursing have today (7 October) published new Joint Guidance on ‘Decisions relating … Read More ›

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Advance Planning, Capacity, Case comments, Medical treatment

Advance decisions and the MHA 1983

Nottinghamshire Healthcare NHS Trust v RC [2014] EWHC 1317 (COP) Summary This is the sequel to the case of Nottinghamshire Healthcare NHS Trust v J [2014] … Read More ›

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Advance Planning, Case comments, Medical treatment

An oral advance decision to refuse life-sustaining treatment?

Newcastle-upon-Tyne Foundation Trust v LM [2014] EWHC 454 (COP) (Peter Jackson J) Summary This case concerns the lawfulness of withholding blood transfusions from a gravely … 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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