CRPD – Mental Capacity Law and Policy

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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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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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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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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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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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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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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39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »
LPS – (slightly) more flesh on the bones
May 31, 2019
The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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