Law reform – Mental Capacity Law and Policy

CRPD, Miscellaneous

How to undertake a review – lessons from Scotland

The Independent Review of Learning Disability and Autism in Scotland’s mental health legislation has published two important reports to sit alongside its final report and … Read More ›

5 reflections on law reform (and over and out for now)

With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head in the past couple of … Read More ›

Legislative developments

Law Commission Will Consultation closes on Friday

The Law Commission’s important consultation on the law of wills closes on Friday 10 November. I urge you to respond if you have any interest … Read More ›

Legislative developments

Government’s interim response to Law Commission MCD report now published

Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s … Read More ›

Happy birthday, Mental Capacity Act!

The MCA 2005 came fully into force 10 years ago today, on 1 October 2007. Entirely understandably given the day of the week its birthday fell, … Read More ›

The MCA – big issues for the next 10 years

[In case of any wider interest, I reproduce below the text of a talk I gave today at the 10th birthday party we held for … 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