Current version of Mental Capacity (Amendment) Bill and Third Reading

November 29, 2018

The Bill as amended at Report stage is here, and the last stage before it goes to the Commons, Third Reading, has been announced for 11 December.

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Case (Capacity to make tribunal application). SM v Livewell Southwest CIC [2020] UKUT 191 (AAC)
— (1) This majority decision confirmed that the test for capacity to make a tribunal application stated in the VS case was correct (that the patient must understand that she is being detained against her wishes and that the First-tier Tribunal is a body that will be able to decide whether she should be released). […]
Case (Habitual residence). Re QD (No.2) [2020] EWCOP 14
— A legal deadlock had arisen: (a) the English court did not have primary jurisdiction, as QD was habitually resident in Spain; (b) the Spanish court would not exercise its jurisdiction unless QD were in Spain; (c) there was no obligation to return QD there. The coronavirus travel bans meant an "urgent" decision under MCA […]
Case (Habitual residence). Re QD [2019] EWCOP 56
— QD, who had dementia, was living in Spain with his second wife when adult children from his first marriage flew him to England by stealth. The children unsuccessfully argued that: (a) he was now habitually resident in England, so the MCA applied in the usual way; (b) removal was justified under the common law […]
Case (Capacity - DOL). Sunderland City Council v AS [2020] EWCOP 13
— (1) The court decided that a CTO patient lacked capacity in all relevant areas (litigation, residence, care and contact). When giving oral evidence the jointly-instructed psychologist changed her mind on: litigation capacity (initially she thought AS had litigation capacity while not having subject matter capacity), residence (she placed insufficient weight on 'structure and routine', […]
Case (Recognition of foreign protective measure). Health Service Executive of Ireland v Moorgate [2020] EWCOP 12
— (1) The necessary criteria were met for the recognition and enforcement of protective measures contained in an order made by the Southern Irish High Court which authorised the patient's transfer from a London hospital to a specialist hospital in Leeds. (2) An appendix entitled "Domestic regimes applicable to SM and those in her position" […]

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