Skip to content
Mental Capacity Law and Policy
  • Welcome
  • About me
  • Posts
  • Resources and blogs
    • COVID-19 and the MCA 2005
    • Liberty Protection Safeguards resources
    • Cheshire West resources
  • Shedinars
  • Articles and papers
  • Books
  • Legal advice
  • Disclaimer
  • Privacy policy

Category: MHA Review

MHA Review

Mental Capacity in the MHA – the White Paper

Building on the very headline points I made here, here is a video looking specifically looking at how the White Paper published on 13 January … Read More ›

Print Friendly, PDF & Email
Posted on January 14, 2021January 14, 2021
MHA Review

Mental Health Act reform – the next stage

The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the MHA under Sir Simon Wessely.  … Read More ›

Print Friendly, PDF & Email
Posted on January 14, 2021
Legislative developments, MHA Review

Mental Health Act review supporting documents

The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. They include, in particular, the … Read More ›

Print Friendly, PDF & Email
Posted on February 15, 2019
Legislative developments, MHA Review

Mental Capacity (Amendment) Bill finishes Lords stages

The Bill today (11 December) finished its final stage in the Lords, with the Commons yet to come.  With thanks once again to Tim Spencer-Lane … Read More ›

Print Friendly, PDF & Email
Posted on December 11, 2018
Legislative developments, MHA Review

Mental Health Act Review – summaries and commentaries

A consequence of the fact that the MHA Review report had to be brought forward ahead of the Brexit vote so that there could be … Read More ›

Print Friendly, PDF & Email
Posted on December 9, 2018December 9, 2018
Legislative developments, MHA Review

Mental Health Act Review report published – headlines

The independent Review of the Mental Health Act conducted by Sir Simon Wessely has today, 6 December, published its report, entitled Modernising the Mental Health … Read More ›

Print Friendly, PDF & Email
Posted on December 6, 2018January 14, 2021
Legislative developments, MHA Review

Mental Health Tribunal rule changes abandoned

The minutes of the Tribunal Procedure Committee in July have just been published and show that controversial proposed rule changes have been abandoned. Relevant extract … Read More ›

Print Friendly, PDF & Email
Posted on October 8, 2018
MHA Review

Mental Health Act Review service user and carers surveys extended and new formats

The deadline for these surveys has been extended to Friday 6th April and the surveys now also have easy read and BSL versions, which can all be found … Read More ›

Print Friendly, PDF & Email
Posted on March 21, 2018
MHA Review

Mental Health Act review: service user and carer surveys – deadline 28 Feb

The Independent MHA Review surveys of service users and carers are closing soon, the deadline being 28 February.  Please share widely.

Print Friendly, PDF & Email
Posted on February 24, 2018
MHA Review

Independent MHA Review: Stakeholder workshops

  The Independent Review of the Mental Health Act is in its initial scoping phase, seeking to identify priorities for further work later this year. To … Read More ›

Print Friendly, PDF & Email
Posted on February 5, 2018

Recent Posts

  • Updated vaccination guidance note

    February 26, 2021
    We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by …Read More »
  • When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

    February 26, 2021
    In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he …Read More »
  • A right to family life does not mean an obligation to endure one

    February 24, 2021
    In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 …Read More »
  • How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness

    February 24, 2021
    In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version …Read More »
  • Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations

    February 24, 2021
    In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the …Read More »

RSS Bailii capacity cases

  • NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) February 25, 2021
  • Xhelilaj, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) February 24, 2021
  • HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15 (16 February 2021) February 23, 2021
  • KAS v The Minister for Justice and Equality (Approved) [2021] IEHC 100 (09 February 2021) February 22, 2021
  • SD v Royal Borough of Kensington And Chelsea [2021] EWCOP 14 (10 February 2021) February 19, 2021

RSS Bailii CRPD cases

  • C. O'C v An Bord Pleanala (Approved) [2021] IEHC 70 (10 February 2021)0
    From High Court of Ireland Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • 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
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Z v A Government Department and the Board of Management of a Community School [2013] EUECJ C-363/12 (26 September 2013)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)

RSS MHLO updates

  • Case (Death). University Hospitals of Leicester NHS Trust v NZ [2021] EWCOP 16
    — NZ was receiving life-sustaining treatment by way of an extracorporeal membrane oxygenation machine (ECMO), a last-resort treatment which had increased by a third during the coronavirus pandemic. The clinical lead consultant for ECMO stated that rather than seeking to preserve her life he was now "prolonging her death", and signalled to the judge that […]
  • Licence conditions. NOMS, 'Licence conditions, licences, and licence and supervision notices' (PSI 12/2015, updated 18/1/21)
    — "This Instruction updates the arrangements for the application of standard and additional licence conditions for offenders being released on licence following the creation of the National Probation Service and the Community Rehabilitation Companies. It also updates advice on the setting of conditions as well as updating the menu of additional conditions available, and adds […]
  • Case (Timing of CTO discharge). R (Gisagara) v Upper Tribunal [2021] EWHC 300 (Admin) [2021] EWHC 300 (Admin)
    — The RC's evidence to the MHT was that the CTO criteria were met, and that a CTO was an "essential precondition" to discharge as otherwise the patient would not accept medication; she had granted s17 leave while the CTO was being arranged. When the MHT did not discharge him from s3, the patient argued […]
  • Case (Death following stroke). Sandwell and West Birmingham Hospitals NHS Trust v TW [2021] EWCOP 13
    — (1) TW suffered catastrophic brain injury, arising from a stroke, which meant he lacked the capacity to decide whether to continue to receive life-sustaining treatment. (2) The continuation of ventilatory support and likely invasive treatment could no longer be reconciled with his best interests. (3) His three daughters wished to travel from Canada to […]
  • Mental health law journal. IJMHCL volume 26 (2020), pages 1-57
    — This edition of the International Journal of Mental Health and Capacity Law contains: (1) Editorial (Alex Ruck Keene); (2) Substituted Decision Making and Coercion: The Socially Accepted Problem in Psychiatric Practice and a CRPD-Based Response to Them (Giles Newton-Howes, Leah Kininmonth, Sarah Gordon); (3) Adult Incapacity Law: Visions for the Future Drawn from the […]

RSS Baillii Mental Health Act cases

  • Mohammed v R. [2021] EWCA Crim 201 (23 February 2021)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Miller v Director of Public Prosecutions [2018] EWHC 262 (Admin) (15 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • HU099822015 [2017] UKAITUR HU099822015 (21 December 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • PA080602016 & Ors. [2018] UKAITUR PA080602016 (18 January 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • A & B, PETITION OF AGAINST NHS GREATER GLASGOW & CLYDE HEALTH BOARD [2018] ScotCS CSOH_4 (26 January 2018)0
    From Scottish Court of Session Decisions
  • AB v HT & Ors [2018] EWCOP 2 (26 January 2018)0
    From England and Wales Court of Protection Decisions
  • Mitocariu & Anor, R (On the Application Of) v Central And North West London NHS Foundation Trust [2018] EWHC 126 (Admin) (31 January 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 57 (02 February 2018)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • ZA, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 183 (Admin) (06 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions

Monthly Post Archives

  • February 2021 (18)
  • January 2021 (14)
  • 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)

Log In


Lost your password?
Register
Forgotten Password
Cancel

Register For This Site

A password will be e-mailed to you.

© 2021 Mental Capacity Law and Policy
Powered by WordPress / Theme by Design Lab