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Category: CRPD

CRPD, Miscellaneous

How to undertake a review – lessons from Scotland

The Independent Review of Learning Disability and Autism in Scotland’s mental health legislation has published two important reports to sit alongside its final report and … Read More ›

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Posted on February 1, 2020
CRPD, Legislative developments

The CRPD Committee and legal capacity – a step forwards?

The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India, Iraq, Kuwait, and Myanmar.  For … Read More ›

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Posted on October 14, 2019October 15, 2019
CRPD, Deprivation of liberty

Deprivation of liberty – appropriate places and appropriate treatment

In Rooman v Belgium  [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important review and clarification of its … Read More ›

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Posted on June 11, 2019
Case comments, CRPD, Medical treatment

Life-sustaining treatment – what would P have done? And does it make a difference that she is in a ‘pro-life’ nursing home?

In A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18, MacDonald J gave a detailed judgment to explain why he endorsed an … Read More ›

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Posted on May 30, 2019May 31, 2019
Capacity, Case comments, CRPD, Practice and Procedure

Capacity, pre-nuptial agreements and knowledge of your own assets

PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a prenuptial agreement and also disclosure … Read More ›

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Posted on May 11, 2019May 11, 2019
CRPD

Deprivation of liberty and disability- its meaning and (il)legitimacy?

A report has just been published by the UN Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas, on ‘Ending the deprivation of liberty on … Read More ›

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Posted on February 22, 2019April 13, 2019
Capacity, Case comments, CRPD, Mental Health

Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces

In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a majority decision, has identified the … Read More ›

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Posted on February 9, 2019
Conferences, Cross-border, CRPD

Cross-border protection and the CRPD

I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European Commission and the Hague Conference … Read More ›

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Posted on December 14, 2018
CRPD

CRPD corrections and updates

In an unusual step, the Committee on the Rights of Persons with Disabilities has published a correction to General Comment 1, on Article 12 and … Read More ›

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Posted on April 4, 2018

Recent Posts

  • LPS – background and walkthrough

    January 22, 2021
    As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the …Read More »
  • “Personal examination” means “personal examination” within the MHA

    January 22, 2021
    In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has …Read More »
  • In conversation with Dr Idris Baker – what is a decision?

    January 20, 2021
    In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is …Read More »
  • Shedinar – the MCA and 16/17 year olds

    January 18, 2021
    In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can …Read More »
  • When is a refusal by a 16 or 17 year old of treatment determinative?

    January 18, 2021
    When should refusal of treatment by someone under 18 be determinative?   For many years, it had been thought that the …Read More »

RSS Bailii capacity cases

  • A v AG and CI (No. 2) (Rev 1) [2021] EWCOP 5 (22 January 2021) January 22, 2021
  • TA, Re (Recording of hearings; Communication with Court office) [2021] EWCOP 3 (22 January 2021) January 22, 2021
  • University Hospitals of Derby and Burton NHS Foundation Trust & Anor v MN (medical treatment : Mental Capacity Act 2005) [2021] EWCOP 4 (19 January 2021) January 21, 2021
  • Z v University Hospitals Plymouth NHS Trust & Anor (Rev 3) [2020] EWCA Civ 1772 (23 December 2020) January 20, 2021
  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021) January 18, 2021

RSS Bailii CRPD cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions

RSS MHLO updates

  • Case ("Personally seen" and "personally examined" require physical presence). Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin)
    — In this case the Trust sought declarations that the s12 requirement that a medical practitioner must have "personally examined" a patient before completing a medical recommendation and the s11 requirement that an AMHP must have "personally seen" the patient before making an application (both requirements being in relation to s2, 3, 4 and 7) […]
  • Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
    — (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
  • Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
    — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

RSS Baillii Mental Health Act cases

  • Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin) (22 January 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • Broadbent, R v [2017] EWCA Crim 2505 (12 December 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • PA038302016 [2017] UKAITUR PA038302016 (15 November 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin) (16 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions

Monthly Post Archives

  • January 2021 (10)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
  • January 2017 (3)
  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
  • September 2016 (6)
  • August 2016 (7)
  • July 2016 (4)
  • June 2016 (10)
  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (3)
  • August 2015 (4)
  • July 2015 (11)
  • June 2015 (9)
  • May 2015 (4)
  • April 2015 (9)
  • March 2015 (6)
  • February 2015 (4)
  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
  • October 2014 (9)
  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

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