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Tag: deprivation of liberty

Case comments, Deprivation of liberty, Inherent jurisdiction

The inherent jurisdiction, deprivation of liberty and out of hours applications

In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, but not quite, answered the … Read More ›

Posted on October 27, 2020
Deprivation of liberty, Practice and Procedure

Section 21A, interim declarations and an ALR in action

In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an s.21A application where it has … Read More ›

Posted on October 1, 2020October 3, 2020
Case comments, Deprivation of liberty

Continuous supervision and control – a further judicial take on deprivation of liberty

There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West … Read More ›

Posted on September 5, 2020September 5, 2020
Deprivation of liberty, Webinar

Deprivation of liberty and 16/17 year olds shedinar

In this shedinar, Dr Camilla Parker and I discuss the complexities of the law relating to deprivation of liberty in this area, and go through … Read More ›

Posted on July 29, 2020July 29, 2020
Deprivation of liberty

Deprivation of liberty and 16-17 year olds – practice guidance

With huge thanks to Research in Practice for making this freely available, Camilla Parker and I have written practice guidance to help professionals identify when … Read More ›

Posted on July 1, 2020July 6, 2020
Case comments, Deprivation of liberty

Not all deprivations of liberty are equal: the limits of the state’s operational duty to protect the right to life

The Court of Appeal in R(Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738 has held that there are (perhaps surprising) … Read More ›

Posted on June 10, 2020June 10, 2020
Webinar

The long and winding road to the great confinement – in conversation with Lucy Series

In this conversation, I ask Dr Lucy Series about her Wellcome funded research, and we discuss, in particular, the long and complex history of confinement, … Read More ›

Posted on June 10, 2020
Case comments, COVID-19, Webinar

DHSC MCA/DoLS COVID-19 guidance updated (and shedinar walkthrough)

The DHSC’s emergency MCA/DoLS guidance has been updated today (29 May).   Most importantly, additional guidance has been published, addressing a number of key points … Read More ›

Posted on May 29, 2020May 30, 2020
COVID-19

The Court of Protection, care homes, the rule of law and deprivation of liberty

The Vice-President of the Court of Protection, Hayden J, has written to Directors of Adult Social Services (in a letter which can be shared more … Read More ›

Posted on May 14, 2020May 14, 2020
Webinar

The ‘shed series’ so far

For those who have time to kill over the long weekend, a reminder of the shed series of webinars I have done, including: Capacity – … Read More ›

Posted on May 7, 2020May 11, 2020

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Older posts

Recent Posts

  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »
  • Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision

    January 11, 2021
    The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been …Read More »
  • Lockdown 3.0 regulations summary

    January 6, 2021
    With effect from 6 January 2021 and until 31 March 2021 (unless brought to an earlier end), all parts of …Read More »

RSS Bailii capacity cases

  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021
  • McGarry v Murphy, Re The Estate of Brigid Gilhooly (Deceased) [2020] NICh 15 (06 November 2020) January 4, 2021
  • JB v University Hospitals Plymouth NHS Trust & Anor (Rev 1) [2020] EWCA Civ 1772 (23 December 2020) January 1, 2021

RSS Bailii CRPD cases

  • Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions
  • Regulation of Health Care Professionals [2014] EWLC 345 (01 April 2014)0
    From The Law Commission
  • Regulation of Health Care Professionals (Report) [2014] SLC 237 (01 April 2014)0
    From Scottish Law Commission (Reports)
  • A Local Authority v TZ (No. 2) [2014] EWCOP 973 (01 April 2014)0
    From England and Wales Court of Protection Decisions
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions

RSS MHLO updates

  • 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; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "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; […]
  • DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
    — "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."
  • New legal aid forms. LAA, 'Changes to Privacy Notices on Legal Aid Forms' (11/1/21)
    — This web page sets out recent changes made to some Legal Aid forms, and states that the LAA would prefer the new versions to be used as soon as possible but will accept previous versions until 31/3/21.

RSS Baillii Mental Health Act cases

  • WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SW (No 2), Re [2017] EWCOP 30 (07 December 2017)0
    From England and Wales Court of Protection Decisions
  • IA004422012 [2017] UKAITUR IA004422012 (31 October 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

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