In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal… Read more
Posts
September 2021 Mental Capacity Report
The September 2021 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Court fees increase from 30 September 2021
Following the consultation on increasing selected court fees and Help with Fees income thresholds by inflation, the Government response to… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
DHSC Emergency MCA/DOLS guidance withdrawn
With effect from 10 August 2021, the DHSC’s emergency guidance on the MCA and DOLS has been withdrawn. Whilst… Read more
The Supreme Court grits its teeth – the inherent jurisdiction, deprivation of liberty and children
How should the courts respond to the shortage of provision for children and young people whose needs are such that… Read more
Court of Protection Handbook update – August 2021
A couple of days ahead of schedule, the quarterly online update to the Court of Protection Handbook is now available, covering… Read more
MCA update – all the capacity news that’s fit to print for July 2021
For a number of reasons, not least the small matter of the Supreme Court’s expedition of the appeal in JB,… Read more