Given the announcement in today’s King’s Speech that “the government will… legislate to modernise the Mental Health Act,” or, in… Read more
Mental Health Act reform – full steam ahead?
Posts
Following through a decision to withdraw life-sustaining treatment: a new dilemma for the Court of Protection
In NHS NW London ICB [2024] EWCOP 35, the Vice-President of the Court of Protection, Theis J, gave a careful… Read more
39 Essex Chambers July 2024 Mental Capacity Report and walkthrough
The July 2024 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Mental Capacity & Homelessness – National Practitioner Survey 2024
[A message on behalf of this brilliant[1] project: Use of the Mental Capacity Act 2005 with people experiencing multiple exclusion… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
Mental capacity, mental health and assisted dying – for the Government in-tray
For those wanting to get themselves up to speed in new posts, a few resources: On deprivation of liberty –… Read more
Local authorities, care orders and consent to confinement – another striking decision from Lieven J
[update – the appeal against this decision was allowed by the Court of Appeal in February 2025. Judgment is awaited,… Read more
Decision-making capacity and mental health law – the Norwegian experience: in conversation with Jacob Jorem
In this ‘in conversation with’, I talk to Jacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience… Read more
Capacity for care providers
In this video, I seek to answer a question I very often get asked – namely “why do I keep… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more