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Category: Deprivation of liberty

Case comments, Deprivation of liberty, Inherent jurisdiction

The inherent jurisdiction, deprivation of liberty and out of hours applications

In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, but not quite, answered the … Read More ›

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Posted on October 27, 2020
Deprivation of liberty, Practice and Procedure

Section 21A, interim declarations and an ALR in action

In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an s.21A application where it has … Read More ›

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Posted on October 1, 2020October 3, 2020
Case comments, Deprivation of liberty

Continuous supervision and control – a further judicial take on deprivation of liberty

There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West … Read More ›

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Posted on September 5, 2020September 5, 2020
Deprivation of liberty, Webinar

Deprivation of liberty and 16/17 year olds shedinar

In this shedinar, Dr Camilla Parker and I discuss the complexities of the law relating to deprivation of liberty in this area, and go through … Read More ›

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Posted on July 29, 2020July 29, 2020
Deprivation of liberty

Deprivation of liberty and 16-17 year olds – practice guidance

With huge thanks to Research in Practice for making this freely available, Camilla Parker and I have written practice guidance to help professionals identify when … Read More ›

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Posted on July 1, 2020July 6, 2020
Case comments, Deprivation of liberty

Not all deprivations of liberty are equal: the limits of the state’s operational duty to protect the right to life

The Court of Appeal in R(Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738 has held that there are (perhaps surprising) … Read More ›

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Posted on June 10, 2020June 10, 2020
Capacity, Case comments, COVID-19, Deprivation of liberty

COVID-19 and care homes – further developments from the Court of Protection

BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man, BP.  It follows the earlier … Read More ›

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Posted on April 30, 2020
COVID-19, Deprivation of liberty

Court of Protection and COPDOL 11 applications

Senior Judge Hilder has approved the circulation of the following update (17 April 2020) in terms of the approach being taken to COPDOL11 applications during … Read More ›

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Posted on April 17, 2020
Case comments, Deprivation of liberty

RPRs, attorneys, BIAs and legal aid

In The London Borough of Hillingdon v JV & Ors [2019] EWCOP 61, decided at the end of last year but only recently appearing on Bailii, … Read More ›

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Posted on January 27, 2020
Case comments, Deprivation of liberty, Practice and Procedure

Deprivation of liberty in the community – how not to apply to court

The frankly astonishing case of LB Barnet v JDO & Ors [2019] EWCOP 47 reads as an object lesson in how not to make an … Read More ›

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Posted on October 24, 2019October 25, 2019

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Older posts

Recent Posts

  • Shedinar – the MCA and 16/17 year olds

    January 18, 2021
    In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can …Read More »
  • When is a refusal by a 16 or 17 year old of treatment determinative?

    January 18, 2021
    When should refusal of treatment by someone under 18 be determinative?   For many years, it had been thought that the …Read More »
  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »

RSS Bailii capacity cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021) January 18, 2021
  • Nimer v United Al Saqer Group LLC & Ors [2021] EWHC 50 (QB) (18 January 2021) January 18, 2021
  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021

RSS Bailii CRPD cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions

RSS MHLO updates

  • Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
    — (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
  • Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
    — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

RSS Baillii Mental Health Act cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • Secretary of State for Work and Pensions v LM (ESA Contributions and credits - credits and credited earnings) [2017] UKUT 485 (AAC) (12 December 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • PA038302016 [2017] UKAITUR PA038302016 (15 November 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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