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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Fluctuating capacity – micro vs macro decisions
August 1, 2019
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where …Read More »
Court of Protection Handbook Third Edition now published!
July 26, 2019
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) …Read More »
39 Essex Chambers July Mental Capacity Report
July 25, 2019
The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the …Read More »
Deputyship and legal incapacitation: don’t (always) believe what you read
July 22, 2019
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] …Read More »
Capacity and sexual relations – trying to make it personal
July 17, 2019
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test …Read More »

Event. MHLA: Panel course - London, 28/10/19 and 29/10/19
—The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). See MHLA website for further details and to book online.
Event. MHLA: Advocacy, Risk and Cross-examination Masterclass - Leicester, 14/10/19
—No results
Event. MHLA: Refresher and reaccreditation - Leeds, 2/10/19
—This course will be suitable for those seeking re-accreditation, by: (a) reviewing the legal and procedural developments of the last three years; (b) providing a forum for discussing these along with the re-accreditation process; (c) fulfilling the requirement to obtain six mental health CPD points for re-accreditation. Price: £150 (£195 for non-members). See MHLA website […]
Event. Manchester University/AMHPA: Taking Stock conference - Manchester, 15/11/19
—Taking Stock is an annual national conference jointly promoted by the Approved Mental Health Professionals Association (North West England and North Wales) and the University of Manchester (the Applied Mental Health programme and the School of Law). Speakers: Neil Allen (keynote presentation); Prof Barbara Taylor (The Last Asylum: memories of late 20th century mental health […]
Case (Complaint about community care delay). Derbyshire Healthcare NHS Foundation Trust (17 012 839a) [2019] MHLO 44 (LGSCO)
— LGSCO's summary: "The Ombudsmen do not consider Derbyshire County Council and Derbyshire Healthcare NHS Foundation Trust delayed providing support for Mrs X’s mental health needs. We have not found fault with the way the Council decided what support she needed. The Ombudsmen consider Derbyshire County Council delayed completing Mr X’s carer assessment and should […]

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