In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ,… Read more
Tag: deprivation of liberty
Deprivation of liberty, restraint, and the CRPD: the view from the German Federal Constitutional Court
In what is about to be a big week for the Mental Health Act 1983, with the publication of the… Read more
Iron logic, coercion and odd outcomes: the Supreme Court decision in MM
In Secretary of State for Justice v MM [2018] UKSC 60, the Supreme Court (Lord Hughes dissenting) has upheld the… Read more
‘Son of DOLS’ – summary and some initial thoughts from the 39 Essex Chambers Mental Capacity Report editors
Acting considerably more quickly than many had expected to give effect to its commitment to legislate to act upon Law… Read more
Joint Committee on Human Rights reform of DoLS report published
The JCHR has today (29 June) published the report of its inquiry into the reform of DOLS. Whilst I… Read more
Four years on from Cheshire West – some brief reflections
This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in… Read more
Reminder – JCHR DOLS inquiry call for evidence closes tomorrow
The JCHR has launched an inquiry into the Right to freedom and safety: Reform of the Deprivation of Liberty Safeguards…. Read more
Joint Committee on Human Rights inquiry into the reform of the DoLS
The JCHR has launched an inquiry into the Right to freedom and safety: Reform of the Deprivation of Liberty Safeguards…. Read more
Deprivation of liberty in the hospital setting – new guidance note
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of… Read more
Confinement, consent and judicial authorisation for children
In Re A-F (Children) [2018] EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation… Read more