Contact – Mental Capacity Law and Policy

Case comments, COVID-19

Care homes and contact restrictions arising out of COVID-19: the Court of Protection pronounces

In BP v Surrey County Council & Anor [2020] EWCOP 17, Hayden J had to grapple with the impact of COVID-19 in the care home … Read More ›

Best interests, Capacity, Case comments

Will, preferences and estrangement

In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old woman’s capacity and best interests … Read More ›

Best interests, Case comments

The thinnest of legal ice – restricting contact and the MCA

SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were devoted to each other. The … Read More ›

Best interests, Capacity, Case comments, Sexual relations

Getting it right in the balance between autonomy and protection

A Local Authority v TZ (No.2) [2014] EWHC 973 (COP) Summary This is a sequel to a case that we reported in the August newsletter, and … Read More ›

LPS – background and walkthrough
January 22, 2021
As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the …Read More »
“Personal examination” means “personal examination” within the MHA
January 22, 2021
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has …Read More »
In conversation with Dr Idris Baker – what is a decision?
January 20, 2021
In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is …Read More »
Shedinar – the MCA and 16/17 year olds
January 18, 2021
In this shedinar, I look at the MCA and 16/17 year olds. This is a complicated area, so this can …Read More »
When is a refusal by a 16 or 17 year old of treatment determinative?
January 18, 2021
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the …Read More »

Case ("Personally seen" and "personally examined" require physical presence). Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin)
— In this case the Trust sought declarations that the s12 requirement that a medical practitioner must have "personally examined" a patient before completing a medical recommendation and the s11 requirement that an AMHP must have "personally seen" the patient before making an application (both requirements being in relation to s2, 3, 4 and 7) […]
Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
— (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
— This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
— "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

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