In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
Posts
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more
Court of Protection Quarterly Update – November 2021
The quarterly online update to the Court of Protection Handbook is now available, covering key practice and procedure updates to… Read more
The Sexual Offences Act, care workers, and paying for sex – the Court of Appeal pronounces
In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of… Read more
October 2021 Mental Capacity Report and walkthrough
The October 2021 Mental Capacity Report is about to hit subscribers‘ inboxes. Highlights this month include: (1) In the Health,… Read more
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Happy birthday MCA!
The MCA 2005 came into force 14 years ago today, 1 October 2007. To mark its birthday, I’ve recorded a… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
Book Review: Mental Health, Legal Capacity and Human Rights (Michael Ashley Stein, Faraaz Mahomed, Vikram Patel and Charlene Sunkel, eds, Cambridge, 2021)
Mental Health, Legal Capacity and Human Rights (Michael Ashley Stein, Faraaz Mahomed, Vikram Patel and Charlene Sunkel, eds, Cambridge, 2021,… Read more