In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the… Read more
Category: Comments
Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings
In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E… Read more
New issue of the International Journal of Mental Health and Capacity Law now out
The (pandemic delayed) new issue of the IJMHCL is now published, available (for free), here: To whet your appetite, I… Read more
Deprivation of liberty – establishing the cost to the person (and to the public body)
LB Haringey v Emile [2020] MHLO (CC)[1] is a rare example of a contested determination of damages for deprivation of liberty… Read more
The MCA and the translation gap
In England and Wales, the concept of mental capacity is codified in the Mental Capacity Act 2005 (MCA). Central to… Read more
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