Welfare – Mental Capacity Law and Policy

What does Article 8 add to best interests? (clue – it definitely helps)

Re CVF [2020] EWCOP 65 concerned the capacity and best interests of a 29 year old woman, CVF, with diagnoses of diabetes, learning disability, emotionally … Read More ›

Capacity, Case comments, Sexual relations, Welfare

A complex and very personal cocktail of capacity and vulnerability – Baker J on the case

[I am happy to host here a guest post by Zena Soormally, Associate Solicitor at Simpson Millar and Andrew Bagchi QC of 1 Garden Court Chambers, on their … Read More ›

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 »

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; […]
DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
— "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."

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