Advance Planning – Mental Capacity Law and Policy

Advance Planning

Advance decisions to refuse treatment – getting it right

In light both of the increased focus on advance care planning and the recent case reinforcing the importance of compliance with the procedural requirements within … Read More ›

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Advance Planning, Best interests, Case comments, Medical treatment

‘True’ best interests, advance decisions and the subjective approach

In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him as the Out of Hours … Read More ›

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Advance Planning, Best interests, Case comments, Medical treatment, Mental Health

The MHA, force-feeding and best interests

In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the … Read More ›

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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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Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »
Court of Protection Handbook – August 2020 Quarterly Update
August 1, 2020
The quarterly update on the COPH website to the third edition of the Handbook is now out, bringing the book …Read More »
Deprivation of liberty and 16/17 year olds shedinar
July 29, 2020
In this shedinar, Dr Camilla Parker and I discuss the complexities of the law relating to deprivation of liberty in …Read More »
Ducks, hats and deprivation of liberty – the Upper Tribunal grapples with conditional discharge
July 29, 2020
In MC v Cygnet Behavioural Health Ltd and SSJ [2020] UKUT 230 (AAC), UTJ Jacobs confirmed that the decision of …Read More »

Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]
Conclusion of s2 listing window consultation. Tribunal Procedure Committee, 'Responses to the consultation (on changes to the s2 listing window) and reply from the TPC' (23/6/20)
— The TPC made the proposed changes (10 days instead of 7 for listing s2 hearings), plus an explicit power to ignore the deadline. The change was a temporary response to the coronavirus pandemic, and its effects will be monitored before a a final decision is made. There were 60 responses, including from two organisations […]
Welsh tribunal coronavirus PD. Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20)
— This practice direction sets out the procedure for a period of 6 months. (1) During the pandemic, preliminary medical examinations will not be "practicable" owing to health risk. (2) Hearings will be held by telephone or video, unless dispensed with entirely (when a hearing would be impractical or involve undesirable delay, sufficient evidence is […]

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