“[The Law Commission] is made up of lawyers, so they prefer law but there are other ways of doing things.” In a perhaps telling phrase, Lord O’Shaughnessy (Parliamentary Under-Secretary of State, Department of Health and Social Care), explained at second reading of the Mental Capacity (Amendment) Bill why it is that the Government is not […]
Acting considerably more quickly than many had expected to give effect to its commitment to legislate to act upon Law Commission’s Mental Capacity and Deprivation of Liberty report, the Government has introduced the Mental Capacity Amendment Bill. This is a rather different Bill to that attached in draft to the Law Commission’s report. In particular, […]
The Mental Capacity (Amendment) Bill has been published. More detail and commentary will follow in the 39 Essex Chambers Mental Capacity Report next week, but on an initial read, the headlines are: (1) The Bill is focused solely upon a (version of) the Liberty Protection Safeguards, so the Law Commission’s proposed amendments to ss.4/5 have […]
The JCHR has today (29 June) published the report of its inquiry into the reform of DOLS. Whilst I recommend reading the whole report to get the Committee’s full consideration of the questions of (1) whether DoLS should be reformed as a matter of urgency; (2) whether the Law Commission’s proposals strike the right […]
The Court of Appeal has rejected  EWCA Civ 1431 the appeal by Noel Conway against the decision of the Divisional Court  EWHC 2447 (Admin) dismissing his claim for a declaration that s.2(1) Suicide Act 1961 is incompatible with the Human Rights Act 1998. The decision and press summary can be found here.
The Government of Singapore has just (18 May) passed a Vulnerable Adults Act (the link here is to the Bill which I understand was passed without amendment). Whether or not your blood runs cold or hot at the thought of another jurisdiction putting in place a statutory framework, you may at a minimum care to […]
The small body of appellate level jurisdiction on the MCA has been added to in Re RW  EWCA Civ 1067, concerning the continued provision of clinically assisted nutrition and hydration (CANH) via a nasogastric (NG) tube to an elderly man with end stage dementia. The question that had been before Parker J had been whether, […]
The May reports will be circulated shortly to those who have signed up for them, but for those who cannot wait, they can be found on the links below. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: CANH withdrawal on the papers and DOLs statistics; (2) In the Property and Affairs […]