LPS – Mental Capacity Law and Policy

LPS

LPS – D day is 1 October 2020

In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards system to come into force … Read More ›

LPS

LPS – (slightly) more flesh on the bones

The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what is set out in the … Read More ›

Legislative developments, LPS

Full text of Mental Capacity (Amendment) Act 2019 now published

The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being driven to despair by trying … Read More ›

LPS

Liberty Protection Safeguards resources page

Inspired (as so often) by Lucy Series, I have added a new LPS resources page on my website to accompany the Cheshire West resources page. … Read More ›

Legislative developments, LPS

LPS update – back to the Lords on 24 April

The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages of the Mental Capacity (Amendment) … Read More ›

Legislative developments

LPS – further exchange between Joint Committee on Human Rights and Government

Ahead of today’s ping-pong stage in the Commons, the Government has published its response to the two reports of the JCHR on LPS. It is … Read More ›

Legislative developments

LPS ping pong update – Government proposes compromise on deprivation of liberty

The Government has just (29 March) published its proposed response to the Lords amendments to the LPS. The Government proposes that the Lords definition of … Read More ›

Legislative developments

LPS back to Parliament on 2 April

The ping-pong stage of LPS continues, it just having been announced that the Bill will return to Parliament on 2 April, for the House of … Read More ›

Legislative developments

LPS – where are we, and where are we going?

[Updated 13 June] The Mental Capacity (Amendment) Act 2019 (MC(A)A) received Royal Assent on 16 May. When comes into force it will sweep away the … Read More ›

Legislative developments

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. The Committee is issuing an … Read More ›

Medical treatment, best interests, and the desire to live
June 25, 2019
If proof were needed that Bland has politely been consigned to the history books, it can be found in the …Read More »
39 Essex Chambers June Mental Capacity Reports now out
June 13, 2019
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include: …Read More »
LPS – D day is 1 October 2020
June 12, 2019
In an update published today (12 June) DHSC has confirmed that the intention is for the new Liberty Protection Safeguards …Read More »
Sex, social media and ‘silos’: the Court of Appeal pronounces
June 11, 2019
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific …Read More »
Deprivation of liberty – appropriate places and appropriate treatment
June 11, 2019
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important …Read More »

Event. Bristol University: AMHPs and nearest relatives - Bristol, 8/7/19
—This seminar will explore the experiences of Approved Mental Health Professionals of working with Nearest Relatives under the Mental Health Act. The event will include presentations by legal, social work and psychology researchers from the Universities of Bath, Bristol, and UWE. Presentations will focus on: the findings of an empirical project with AMHPs and Nearest […]
Case (MHT/Parole Board delay). LV v UK 50718/16 [2019] MHLO 32 (ECHR)
— LV, a s47/49 patient, had argued that there had been a delay, in breach of Article 5(4), in securing her release, in particular because of the two-stage process involving both the Mental Health Tribunal and Parole Board. She accepted the government's offer of £2,500 in settlement of her claim.
Case (Costs in s21A case). BP v London Borough of Harrow [2019] EWCOP 20
— "The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to […]
Event. Court of Protection User Group Meeting - London, 15/10/19
—See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm.
COPUG minutes. Minutes of Court User Group Meeting (11/4/19)
— (1) Apologies; (2) Minutes and Action points; (3) Court Manager's Report; (4) Update on the Mental Capacity Amendment Bills; (5) Response to correspondence; (6) Update on ALR scheme; (7) Contacting the court by telephone; (8) Update on progress of e-bundling; (9) COP9 papers not served; (10) COP General visitors using insecure IT equipment when […]

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