LPS – Mental Capacity Law and Policy

LPS, Webinar

So the LPS are delayed until April 2022 – what should I do now?

The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking at (amongst other things in … Read More ›

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LPS

Liberty Protection Safeguards – new ETA April 2022

The Government has today (16 July) announced that the LPS would not be coming into force on 1 October 2020, but instead in April 2022. … Read More ›

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LPS

LPS – (slightly) more flesh on the bones

The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what is set out in the … Read More ›

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Legislative developments, LPS

Full text of Mental Capacity (Amendment) Act 2019 now published

The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being driven to despair by trying … Read More ›

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LPS

Liberty Protection Safeguards resources page

Inspired (as so often) by Lucy Series, I have added a new LPS resources page on my website to accompany the Cheshire West resources page. … Read More ›

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Legislative developments, LPS

LPS update – back to the Lords on 24 April

The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages of the Mental Capacity (Amendment) … Read More ›

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Determining capacity with one (judicial) hand tied behind your back
August 10, 2020
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide …Read More »
Shedinar – in conversation with Dr Tania Gergel: philosophy, capacity, presumptions and personhood
August 7, 2020
In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, …Read More »
Race, culture and capacity – in conversation with Dr Lade Smith CBE
August 4, 2020
In the latest ‘in conversation with,’ Dr Lade Smith CBE and I discuss the ways in which capacity assessments under …Read More »
So the LPS are delayed until April 2022 – what should I do now?
August 3, 2020
The slides and the recording of my shedinar about this from Friday 31 July 2020 are now available here, looking …Read More »
Court of Protection Handbook – August 2020 Quarterly Update
August 1, 2020
The quarterly update on the COPH website to the third edition of the Handbook is now out, bringing the book …Read More »

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and […]
Suicide and homicide report. NCISH, 'Annual Report: England, NI, Scotland and Wales' (13/12/19)
— "The 2019 annual report from the National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) provides findings relating to people who died by suicide in 2007-2017 across all UK countries. Additional findings are presented on the number of people convicted of homicide, and those under mental health care."
Case (Article 2 inquests and community patients). Re Lee [2019] MHLO 73 (Coroner)
— The coroner, following the Administrative Court decision that she had failed properly to address the Article 2 operational duty as set out in the Rabone case, in this decision sets out reasons for concluding that (a) the operational duty was not neither engaged nor breached.
Case (Article 2 inquests and community patients). R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)
— The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed […]

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