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Tag: Mental health

Webinar

Suicide and the (mis)use of capacity – in conversation with Dr Chloe Beale

In this conversation, I talk to Dr Chloe Beale about the uses and misuses of capacity in the context of responding to suicide risk.   Warning, … Read More ›

Posted on July 12, 2022
Webinar

Lived experience and mental health research – in conversation with Dr Thomas Kabir

In this conversation, I talk to Dr Thomas Kabir about his work with the McPin Foundation, and co-chair of the Service User Advisory Group for … Read More ›

Posted on May 17, 2022
Advance Planning, Birth arrangements, Capacity, Case comments, Mental Health

Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?

What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction?  This important question was … Read More ›

Posted on November 13, 2021
Miscellaneous

Legal ice and fast-moving situations

The concept of legal ice is one that I think that I may have borrowed from somewhere (and, if so, if someone can remind me … Read More ›

Posted on March 9, 2021
Case comments, Mental Health

“Personal examination” and the MHA – FAQs following the Devon judgment

This is an updated version of the post first published on 26 January 2021.  I need to emphasise that what is set out below is … Read More ›

Posted on January 26, 2021February 11, 2021
Case comments, Medical treatment

Not only inimical… but potentially fatal, an update

Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it has become clear that the … Read More ›

Posted on February 13, 2020March 9, 2020
Legislative developments

Scottish Mental Health Law Review – website and consultation

The independent review of mental health law in Scotland under the chair of John Scott QC has launched its website, and also a consultation, running … Read More ›

Posted on February 3, 2020
Capacity, Case comments, CRPD, Mental Health

Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces

In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a majority decision, has identified the … Read More ›

Posted on February 9, 2019
Case comments, Deprivation of liberty

No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose

In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, in which the Court of … Read More ›

Posted on December 17, 2018
Conferences

Conference: Human Rights and Mental Health, April 1-5, Bochum, Germany

The Institute for Medical Ethics and History of Medicine at Ruhr University, Bochum are holding an International Spring School on Human Rights and Mental Health, … Read More ›

Posted on December 13, 2018December 13, 2018

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Recent Posts

  • Transparently clunky – Mostyn J and transparency orders before the Court of Protection

    August 10, 2022
    In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the …Read More »
  • Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities

    August 3, 2022
    For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales.   …Read More »
  • Human Rights in Care Settings: Joint Committee on Human Rights reports

    July 22, 2022
    The Joint Committee on Human Rights has today (22 July) published its report into Human Rights in Care Settings, following …Read More »
  • Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (BMA/Law Society) 5th edition almost here

    July 21, 2022
    Warning: further shameless self-promotion.  The 5th edition of the Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers …Read More »
  • Court of Protection Handbook 4th edition – almost here

    July 21, 2022
    Shameless self-promotion alert: the fourth edition of the Legal Action Group Court of Protection Handbook is now available to pre-order, …Read More »

RSS Bailii capacity cases

  • Director of Public Prosecutions v MR (Approved) [2022] IECA 192 (29 July 2022) August 12, 2022
  • W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022) August 5, 2022
  • Milburn, R (On the Application Of) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) (06 July 2022) August 5, 2022
  • Sokolik v Kobre & Kim (UK) LLP (Practice and Procedure - Application for Postponement - Decision to Dismiss for Non-Attendance - Rule 47 ET Rules) [2022] EAT 111 (02 August 2022) August 3, 2022
  • A MENTAL HEALTH NHS TRUST v BG [2022] EWCOP 26 (24 June 2022) July 31, 2022

RSS Bailii CRPD cases

  • Child and Family Agency & Anor v The Adoption Authority of Ireland & Ors (Unapproved) [2022] IECA 196 (10 August 2022)0
    From Irish Court of Appeal
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights
  • Adults with Incapacity (Report) [2014 SLC 240 (September 2014)0
    From Scottish Law Commission (Reports)

RSS MHLO updates

  • Job advert. Noble Solicitors, Bedfordshire/remote - COP and MH solicitor (listed until 12/11/22).
  • Case (Admissibility of foreign conviction). Re W-A [2022] EWCA Civ 1118
  • Case (Residence). K v N Council [2022] MHLO 1 (COP)
  • Case (Funding holidays). R (BG) v Suffolk County Council [2022] EWCA Civ 1047
  • Case (Sex and contact). Hull City Council v KF [2022] EWCOP 33

RSS Baillii Mental Health Act cases

  • Williamson v The Bishop Of London & Ors (Practice and procedure - Civil Procedure Order - section 42 Senior Courts Act 1981) [2022] EAT 118 (01 August 2022)0
    From United Kingdom Employment Appeal Tribunal
  • Corrigan v Chelsea Football Club Ltd [2019] EWCA Civ 1964 (19 November 2019)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Bessong v Pennine Care NHS Foundation Trust (RACE DISCRIMINATION – Harassment) [2019] UKEAT 0247_18_1810 (18 October 2019)0
    From United Kingdom Employment Appeal Tribunal
  • AG v Michel 18-Oct-2019 [2019] JRC 205 (18 October 2019)0
    From Jersey Unreported Judgments
  • Joseph, Application for Reconsideration by [2019] PBRA 43 (22 October 2019)0
    From The Parole Board for England and Wales
  • Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • C (A Child : care proceedings - inherent jurisdiction - deprivation of liberty) [2019] EWFC B72 (Comm) (06 November 2019)0
    From England and Wales Family Court Decisions (other Judges)
  • DA v Kent and Medway NHS and Social Care Trust (Mental health) [2019] UKUT 348 (AAC) (11 November 2019)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JK v A Local Health Board [2019] EWHC 67 (Fam) (13 November 2019)0
    From England and Wales High Court (Family Division) Decisions

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