Inquests – Mental Capacity Law and Policy

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 ›

Legislative developments

New Chief Coroner’s Guidance on DOLS

To accompany the coming into force on 3 April of the change to the definition of “state detention” introduced by the Policing and Crime Act … Read More ›

Legislative developments

Deaths under DOLS – mandatory inquests no more?

The Government last night (16 November) accepted an amendment to the Policing and Crime Bill moved by Baroness Finlay to remove deaths under Schedule A1 … Read More ›

Chief Coroner’s Guidance on DOLS [Now superseded]

[Note – this guidance has now been superseded by new guidance (16A) available here. It has been kept as a historical reference, but should not … Read More ›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.

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