The Law Commission has published today (13 July) a major consultation on the potential for reforms to the law of wills in England and Wales. The detailed and comprehensive report can be found here, along with a summary and some useful infographics, and the consultation period runs until 10 November. The Law Commission particularly […]
The Transparency Pilot approach and that previously provided for in Serious Medical Treatment cases has now been merged (in fact, the merging took place in March but the new order has only just been published). The new order – to be used in all cases in the COP save for committal cases – can be found […]
[By way of a sneak preview of the next Mental Capacity Report to be published shortly, I reproduce here as a guest post an article written by my colleague Annabel Lee summarising the key proposals in the three main English parties’ manifestoes of relevance to the mental capacity/social welfare sphere.] Social welfare issues have received […]
With many thanks to all those who have been in touch, from many different settings and backgrounds, to offer support and case studies for the ‘vulnerable adults’ project that I am seeking to persuade the Law Commission to take up, a few more observations and a last call for evidence. The original call is here, […]
A Home Office Circular has now been published to accompany the Policing and Crime Act 2017 changes (including those relating to death under DoLS) coming into force on Monday 3 April. The circular, available here, addresses the DoLS changes at pages 11 and onwards, and includes these particularly important passages: “60. Coroners will continue to […]
To accompany the coming into force on 3 April of the change to the definition of “state detention” introduced by the Policing and Crime Act 2017, the new Chief Coroner has issued new guidance – 16A – to accompany (and then supersede) the existing guidance available here. The guidance, which also addresses the Court of […]
In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet of the interpretation of Article 12 of the Convention of the Rights of Persons with Disabilities advanced by the Committee on that Convention, namely that the will and preferences of […]
Proving less is not always more, some helpful feedback received via the great echo chamber of Twitter suggests that I might want to emphasise two key points made in very short form in my proposal circulated yesterday. The first is that the term ‘vulnerable adults’ was used because that is the term that the High […]
The problem There is a significant cohort of individuals who (1) do not lack capacity for purposes of the Mental Capacity Act 2005 (‘MCA 2005’); (2) are in some way vulnerable to coercion or duress on the part of third parties; and (3) outside the scope of domestic violence legislation. Most, but not all, of […]
The wait is now over! The Law Commission’s Mental Capacity and Deprivation of Liberty report and draft Bill has now been published. Full coverage will appear in our April Mental Capacity Law Report, and a podcast of my breakfast briefing to be held tomorrow (14 March) should be available shortly thereafter. In the interim, […]
