birth arrangements – Mental Capacity Law and Policy

Birth arrangements, Capacity, Case comments, Inherent jurisdiction, Medical treatment

Contingencies, capacity and Caesarean sections

In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what the court is meant to … Read More ›

Best interests, Birth arrangements, Case comments

Termination and best interests: the Court of Appeal’s reasons

The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to overturn the decision of Lieven … Read More ›

Best interests, Birth arrangements, Capacity, Case comments, Medical treatment

Contingency planning and the Court of Protection

In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has been perennially difficult for practitioners: … Read More ›

Best interests, Birth arrangements, Case comments, Medical treatment

Birth arrangements, interventions and the art (not science) of capacity

In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general anaesthetic) of a Caesarean section … Read More ›

Essex Autonomy Project research opportunities
October 19, 2020
The Essex Autonomy Project is currently accepting applications to fill two full-time, fixed-term post-doctoral research positions.: One is on the …Read More »
39 Essex Chambers Mental Capacity October Report now out – and walkthrough
October 19, 2020
Welcome to the October 2020 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
When not to recognise a foreign order
October 17, 2020
In Re AB [2020] EWCOP 47, Senior Judge Hilder had to grapple with two difficult questions in the context of …Read More »
DHSC MCA/DoLS COVID-19 guidance updated and walk-through
October 16, 2020
The DHSC’s MCA/DoLS COVID-19 guidance was updated on 15 October, including, in particular, consideration of when face-to-face visits can taken …Read More »
Coronavirus Restrictions – tiered Local Alerts and impaired decision-making capacity
October 14, 2020
With effect from 14 October, restrictions within England are set at one of three levels – medium, high and very …Read More »

Case (Deprivation of liberty during conditional discharge). Birmingham City Council v SR [2019] EWCOP 28
— (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 […]
Social distancing and mental capacity. Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 6/10/20)
— "This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty."
Sentencing proposals. Ministry of Justice, 'A Smarter Approach to Sentencing' (CP 292, 16/9/20)
— This document mentions mental health several times, in particular in relation to Community Sentence Treatment Requirements.
Case (Public hearing and capacity). AR v West London NHS Trust [2010] MHLO 49 (UT)
— (1) The four factors set out in AH which must be considered in any application for a public hearing under Tribunal rule 38 are merely factors relevant to the ultimate test of whether a public hearing is in the interests of justice. The first factor ("whether it is consistent with the subjective and informed […]
Medical treatment book. Ben Troke, A Practical Guide to the Law of Medical Treatment Decisions (Law Brief Publishing, 2020)
— This book is aimed not only at lawyers, but also clinicians and anyone with an interest in how medical treatment decisions are made.

Username
Password

	Remember Me Lost your password? Register