Paul Bowen KC, sitting as a Tier 3 Judge, helpfully restated the interaction between the MCA and the ECHR in… Read more
The MCA and human rights – a refresher
Category: Comments
Mental disorder, medical evidence and deprivation of liberty
In Stockport MBC v KB [2023] EWCOP 58, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that… Read more
Capacity in civil proceedings consultation – help wanted
The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which will run… Read more
Remote assessments and MHA renewals – the High Court rules them out
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that… Read more
Charging, the Care Act and capacity – in conversation with Arianna Kelly
In this ‘in conversation with,’ I am joined by my colleague at 39 Essex Chambers, Arianna Kelly, to talk about… Read more
39 Essex Chambers Mental Capacity Report December 2023 and walkthrough
The December 2023 report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty… Read more
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
Wales striking out alone on mental health reform?
In a fascinating development, James Evans MS, who won the relevant ballot, is to seek to put before the Senedd… Read more
My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people
Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme… Read more
Mental health, mental capacity and the King’s Speech: rights protection absent legislative change
The background briefing notes to the King’s Speech on 7 November 2023 confirmed by their silence that which was increasingly… Read more