Inherent jurisdiction – Mental Capacity Law and Policy

Birth arrangements, Capacity, Case comments, Inherent jurisdiction, Medical treatment

Contingencies, capacity and Caesarean sections

In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what the court is meant to … Read More ›

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Inherent jurisdiction, Practice and Procedure

The inherent jurisdiction and costs

In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made in relation to vulnerable adults … Read More ›

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Inherent jurisdiction, Miscellaneous

Inherent jurisdiction guidance note

Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together with others on the 39 … Read More ›

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Capacity, Case comments, Comments, Inherent jurisdiction

Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy

In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about … Read More ›

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Capacity, Case comments, Deprivation of liberty, Inherent jurisdiction, Practice and Procedure

A true tangle – capacity, influence and the inherent jurisdiction

NCC v PB and TB [2014] EWCOP 14 Summary This decision of Parker J was handed down in March, but only appeared on Bailii in … Read More ›

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Capacity, Case comments, Inherent jurisdiction

Getting capacity right: the crossover between the inherent jurisdiction and the Court of Protection

LB Redbridge v G, C and F [2014] EWHC 485 (COP) (Russell J) Summary This case (the subject of a rather alarmist article whilst ongoing, … Read More ›

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Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
March 27, 2020
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on …Read More »
National Mental Capacity Forum: ‘Sharing Voices’ in Response to Covid-19
March 26, 2020
The National Mental Capacity Forum will hold the first of three online meetings to discuss the challenges raised by the COVID-19 pandemic. …Read More »
COVID-19 and the MCA resources page
March 26, 2020
I have now created a resources page for COVID-19 and the MCA, available here. It includes guidance from the DHSC, …Read More »
COVID-19 Updating guidance from Court of Protection regarding hearings
March 24, 2020
Further guidance (earlier guidance can be found here) has been issued on 24 March, to the effect that no hearings which …Read More »
Court of Protection – further COVID-19 guidance
March 23, 2020
The Vice-President has issued further guidance on 23 March in relation to the Court of Protection and COVID-19. This follows …Read More »

Guidance to psychiatrists about remote hearings. Mental Health Tribunal, 'Message to the Royal College of Psychiatrists' (Sarah Johnston and Joan Rutherford, 26/3/20)
— (1) This guidance to psychiatrists includes the following: all evidence will be taken before a tribunal judge alone, using BT MeetMe (phone or video); the doctor giving evidence will released after giving evidence except in all but exceptional cases; the patient will not be given the decision orally. (2) To help the tribunal, clinical […]
Proposed reduction on tribunal panel sizes (not MHT). Senior President of Tribunals, 'Proposal to amend Composition Statements' (18/2/20)
— This consultation relates to the General Regulatory Chamber, the Social Entitlement Chamber, the Property Chamber and the Health, Education and Social Care Chamber (SEND, Primary Health Lists and Care Standards cases only - not MHT). Consultation closes 14/4/20.
Summary of Coronavirus Act 2000. Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20)
— This detailed summary of the Coronavirus Act 2020 contains the following headings: (1) Emergency registration of health and social care professionals; (2) Suspension of duties to undertake assessments of need/discharge of patients from hospital; (3) Deaths and inquests; (4) Indemnity for health service activity; (5) Powers in relation to potentially infectious persons; (6) Children; […]
Legislation. Coronavirus Act 2020
— This Act, among other things, amends the MHA 1983 in light of the coronavirus pandemic. The Act is in force on 25/3/20, although s10 and schedules 8-11 (amendments to the MHA and NI/Scottish equivalents) will commence on a date to be specified in regulations.
Guidance about LAA contract terms. LAPG, 'Guidance on what the Legal Aid Contract and LAA COVID-19 Guidance Allows' (25/3/20)
— This detailed guidance contains information under the following headings: (1) Your office; (2) Progressing Current Cases; (3) Potential New Clients; (4) Providing “Remote” Advice and Digital Signatures; (5) Means Assessment for Remote Advice; (6) Supervision; (7) Supervisor Absence; (8) Key Workers; (9) Speak to the LAA.

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