Newsletters – Mental Capacity Law and Policy

39 Essex Chambers March Mental Capacity Reports

The 39 Essex Chambers March 2020 Mental Capacity Reports will shortly be winging their way into subscribers’ inboxes. Highlights this month include: (1) In the … Read More ›

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Inherent jurisdiction guidance note updated

The 39 Essex Chambers inherent jurisdiction guidance note has been updated to take account of the continuing stream of (frequently inconsistent) case-law in this area. … Read More ›

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39 Essex Chambers – February report

Welcome to the February 2020 Mental Capacity Report, which is, even by our standards, a bumper one. Highlights this month include: (1) In the Health, … Read More ›

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39 Essex Chambers Mental Capacity Report – December 2019

The December 2019 issue of the 39 Essex Chambers Mental Capacity report (the 100th*) is now out. (1) In the Health, Welfare and Deprivation of … Read More ›

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39 Essex Chambers November Mental Capacity Report

The November 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: … Read More ›

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39 Essex Chambers October Mental Capacity Report

The October 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: … Read More ›

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39 Essex Chambers Mental Capacity Reports now out

The September 2019 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: fluctuating capacity, … Read More ›

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39 Essex Chambers July Mental Capacity Report

The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the Health, Welfare and Deprivation of … Read More ›

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39 Essex Chambers June Mental Capacity Reports now out

The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: (1) In the Health, Welfare … Read More ›

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Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
March 27, 2020
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on …Read More »
National Mental Capacity Forum: ‘Sharing Voices’ in Response to Covid-19
March 26, 2020
The National Mental Capacity Forum will hold the first of three online meetings to discuss the challenges raised by the COVID-19 pandemic. …Read More »
COVID-19 and the MCA resources page
March 26, 2020
I have now created a resources page for COVID-19 and the MCA, available here. It includes guidance from the DHSC, …Read More »
COVID-19 Updating guidance from Court of Protection regarding hearings
March 24, 2020
Further guidance (earlier guidance can be found here) has been issued on 24 March, to the effect that no hearings which …Read More »
Court of Protection – further COVID-19 guidance
March 23, 2020
The Vice-President has issued further guidance on 23 March in relation to the Court of Protection and COVID-19. This follows …Read More »

Guidance to psychiatrists about remote hearings. Mental Health Tribunal, 'Message to the Royal College of Psychiatrists' (Sarah Johnston and Joan Rutherford, 26/3/20)
— (1) This guidance to psychiatrists includes the following: all evidence will be taken before a tribunal judge alone, using BT MeetMe (phone or video); the doctor giving evidence will released after giving evidence except in all but exceptional cases; the patient will not be given the decision orally. (2) To help the tribunal, clinical […]
Proposed reduction on tribunal panel sizes (not MHT). Senior President of Tribunals, 'Proposal to amend Composition Statements' (18/2/20)
— This consultation relates to the General Regulatory Chamber, the Social Entitlement Chamber, the Property Chamber and the Health, Education and Social Care Chamber (SEND, Primary Health Lists and Care Standards cases only - not MHT). Consultation closes 14/4/20.
Summary of Coronavirus Act 2000. Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20)
— This detailed summary of the Coronavirus Act 2020 contains the following headings: (1) Emergency registration of health and social care professionals; (2) Suspension of duties to undertake assessments of need/discharge of patients from hospital; (3) Deaths and inquests; (4) Indemnity for health service activity; (5) Powers in relation to potentially infectious persons; (6) Children; […]
Legislation. Coronavirus Act 2020
— This Act, among other things, amends the MHA 1983 in light of the coronavirus pandemic. The Act is in force on 25/3/20, although s10 and schedules 8-11 (amendments to the MHA and NI/Scottish equivalents) will commence on a date to be specified in regulations.
Guidance about LAA contract terms. LAPG, 'Guidance on what the Legal Aid Contract and LAA COVID-19 Guidance Allows' (25/3/20)
— This detailed guidance contains information under the following headings: (1) Your office; (2) Progressing Current Cases; (3) Potential New Clients; (4) Providing “Remote” Advice and Digital Signatures; (5) Means Assessment for Remote Advice; (6) Supervision; (7) Supervisor Absence; (8) Key Workers; (9) Speak to the LAA.

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