July 2023 39 Essex Chambers Mental Capacity Report and walkthrough

The July 2023 39 Essex Chambers Mental Report is now out.  Highlights this month include:

1. In the Health, Welfare and Deprivation of Liberty Report: an Anglo-Welsh LPS update and cases covering contingency planning, executive capacity, decision-specificity and restraining the detained patient;

2. In the Property and Affairs Report: Hayden J takes on common LPA problems, an MOJ toolkit and a rather startling assertion about the position of professional solicitor deputies;

3. In the Practice and Procedure Report: habitual residence under the spotlight, contempt and the Court of Appeal and the most recent Court of Protection statistics;

4. In the Wider Context Report: the LGSCO ombudsman and deprivation of liberty, Article 2 and DoLs, visiting in care homes, and a report from our new Irish correspondents;

5.  In the Scotland Report:  AWI masterclasses and the Scottish Government respondents to the Scott Report.

The screen-friendly compendium can be found here, and the print-friendly one here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here,  where you can also sign up to the Mental Capacity Report.

My walkthrough is below:

We will be taking a break from the Report until September, but will return then with all the capacity news that is fit to print.



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