Following on from its consultation on visiting in care homes and hospitals in England, the DHSC has (1) published its… Read more
Care home and hospital visiting in England: the new framework from 6 April 2024
Category: Comments
Court of Protection round-up: December/January
In lieu of a Mental Capacity Report, the next edition of which will be out in February, and which will… Read more
Capacity in context – a paradigm case
A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In… Read more
An interface overcome – physical treatment for a detained patient
A Hospital NHS Foundation Trust v K [2023] EWCOP 59 concerned the treatment for leukaemia of a patient detained under… Read more
Medical treatment and the clarity of options
In The NHS Foundation Trust v K [2023] EWCOP 57, Judd J had to consider an application for declarations with… Read more
The MCA and human rights – a refresher
Paul Bowen KC, sitting as a Tier 3 Judge, helpfully restated the interaction between the MCA and the ECHR in… Read more
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