Posts – Page 2 – Mental Capacity Law and Policy

DNACPR decision-making: the CQC report and a shedinar on getting the law right

The CQC published on 18 March 2021 Protect, respect, connect – decisions about living and dying well during COVID-19, a hard-hitting report looking at DNACPR … Read More ›

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Legislative developments

CoP e-filing for deprivation of liberty cases

HMCTS have announced that: To further support digital working within the Court of Protection we are starting to use electronic filing of documents (aka e-filing) … Read More ›

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Webinar

The messiness of the interface between the MHA and the MCA: in conversation with Helen Gilburt

In this “in conversation with” Helen Gilburt at the King’s Fund, we discuss the report she has authored (February 2021) on Understanding clinical decision-making at … Read More ›

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COVID-19, Webinar

National Mental Capacity Forum 8th Rapid Response’ Webinar on Monday 22 March, 12:30 – 13:30

As of 8 March, people across England and Wales have begun to see restrictions start to lift and the government’s four-step roadmap offer a route … Read More ›

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Mental Capacity Law and Policy turns seven – a trip through the archives

Searching for something on my website, I realised that it was 7 years ago this weekend (13/14 March 2014) that my website went live, being … Read More ›

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Capacity, Case comments

Distinguishing capacity and autonomy – the criminal law perspective

R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the interrelationship between capacity and autonomy. … Read More ›

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Case comments, COVID-19

Vaccination – looking at all the relevant circumstances

Re CR. [2021] EWCOP 19, decided by HHJ Butler differed to the previous two (both decided by Hayden J) because it concerned a much younger … Read More ›

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COVID-19, Research of interest

Human Rights in Care Homes: A Survey-Based Study

The Essex Autonomy Project wants you (if you are a professional working in or with care homes in England and Wales!) for a survey, which … Read More ›

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COVID-19

Should age matter in COVID-19 triage? A deliberative study

An article I co-wrote (the lead author being Dr Margot Kuylen), has now been published in the Journal of Medical Ethics, reporting upon a deliberative … Read More ›

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Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
April 2, 2021
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
End of term report from the Mental Capacity Report team
April 1, 2021
For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
March 30, 2021
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
Mediation and medical cases – reflections on process and outcomes
March 29, 2021
In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
March 26, 2021
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

Case (Coronavirus vaccination). NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
— CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG […]
Mental Health Tribunal coronavirus Practice Direction. Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (18/3/21)
— This extends Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) with amendments to 18/9/21. The non-trivial amendments are: (1) A new heading "Disposal of proceedings on the papers" stating "5. The tribunal shall observe the requirements of rule 5A and rule 35 in cases […]
Coronavirus tribunal composition (non-MH). Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21, with the removal of paragraph 8 ("Involvement of Non-Legal Members not on a panel: If the composition arrangements for a case are altered from what they would have been under the Standard Composition Arrangements, […]
Tribunal coronavirus Practice Direction. Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21 with minor amendments. The amendments are: (a) additional words in paragraph 3 ("This Practice Direction applies to all appeals, applications and other proceedings..."); (b) paragraph 7A refers to "courtroom" instead of "hearing room"; […]
Case (Section 37/41 or s45A). R v Lall [2021] EWCA Crim 404
— The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction.

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