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Category: Miscellaneous

Miscellaneous

Advance care planning – the conversation (part 1)

The palliative care consultant Dr Mark Taubert and I have recorded a two-part conversation about the interaction between law and medicine in the context of … Read More ›

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Posted on May 4, 2020May 7, 2020
Miscellaneous

Court of Protection Handbook Quarterly Update – May 2020

The quarterly update to the Court of Protection Handbook (1 May 2020) is now online, available here.  It builds on the previous update (1 February … Read More ›

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Posted on May 1, 2020
Miscellaneous

Best interests – getting it right ‘webinar’

Following on from my rantings (sorry, hopefully clear discussion) about capacity, I’ve now turned to best interests. (You are welcome to make your own call … Read More ›

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Posted on April 29, 2020June 11, 2020
COVID-19, Miscellaneous

Capacity in the time of Coronavirus – article

An article written by me, “Capacity in the time of Coronavirus,” is now available in the International Journal of Law and Psychiatry’s Special Issue: “Mental … Read More ›

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Posted on April 11, 2020May 18, 2020
Miscellaneous

DNACPR and Advance Care Planning – getting it right

I have recorded a short video (with slides) about DNAPCR and advance care planning, in the hopes that it will assist people to get the … Read More ›

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Posted on April 8, 2020June 11, 2020
Miscellaneous

Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document

A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on this subject, summarising recent research … Read More ›

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Posted on March 27, 2020
Miscellaneous

COVID-19: Court of Protection Guidance

The Vice-President has issued two sets of guidance, the first (on 13 March) primarily directed at judges and legal practitioners visiting P, the second (18 … Read More ›

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Posted on March 19, 2020
Miscellaneous

New guidelines on Prolonged Disorders of Consciousness

New guidelines from the Royal College of Physicians and endorsed or supported by a further 15 health bodies offer updated guidance on the diagnosis, assessment, … Read More ›

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Posted on March 6, 2020
Miscellaneous

BASW Cymru Survey for Welsh BIAs and Cross Border Assessors

BASW Cymru have launched a survey regarding DoLS practice and the forthcoming Liberty Protection Safeguards.  It is intended for completion by Social Workers as well … Read More ›

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Posted on February 29, 2020
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

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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

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