In England and Wales, the concept of mental capacity is codified in the Mental Capacity Act 2005 (MCA). Central to… Read more
The MCA and the translation gap
Category: Comments
More than just ancedata about the MCA/MHA interface
For years, the debate about the interface between the MHA and the MCA (as to which, see further my shedinar… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Capacity rationales, accountability and support – an article and a shedinar
A new article to which I have contributed, led by Dr Nuala Kane, has just appeared in PLOS ONE, called Applying… Read more
A reminder – how NHS and social care staff in E&W can check if a person has an attorney or deputy
As the vaccination programme continues apace, now is a good time to remind people that the Office of the Public… Read more
What to do when P wants to return home abroad?
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
Deprivation of liberty, family members and what s4B does (and doesn’t) say
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea… Read more
COVID-19 Vaccination and the MCA – the first Court of Protection judgment
In E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection, Hayden J, has given the first reported… Read more
“Personal examination” and the MHA – FAQs following the Devon judgment
This is an updated version of the post first published on 26 January 2021. I need to emphasise that what… Read more