Skip to content
Mental Capacity Law and Policy
  • Welcome
  • About me
  • Posts
  • Resources and blogs
    • COVID-19 and the MCA 2005
    • Liberty Protection Safeguards resources
    • Cheshire West resources
  • Shedinars
  • Articles and papers
  • Books
  • Legal advice
  • Disclaimer
  • Privacy policy

Tag: Mental health

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
Best interests, Case comments, Medical treatment, Mental Health

Deceiving in the name of best interests

In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will … Read More ›

Posted on March 27, 2018March 27, 2018
Research of interest

Professor Sir Richard Trainor Scholarship for a PhD student to work on “Mental health justice and the capability to live in the community”

An exciting opportunity has arisen for a PhD student to work on the major Wellcome Trust funded Mental Health and Justice project of which I … Read More ›

Posted on April 1, 2017
Research of interest

Service user advisory group members sought for Mental Health and Justice project

We are looking as part of the major Wellcome Trust-funded Mental Health and Justice project to recruit eight people with personal experience of mental health … Read More ›

Posted on December 7, 2016
Research of interest

Wellcome Trust Clinical Research position: Supporting Advance Directives in Bipolar Disorder: apply now!

As part of a team (Dr Gareth Owen (psychiatry, Institute of Psychiatry, Psychology & Neuroscience), Dr Tania Gergel (mental health ethics), Dr Larry Rifkin (psychiatry, … Read More ›

Posted on November 23, 2016
Miscellaneous

Shining a Light Behind Closed Doors

Eleanore Fritze, a deeply impressive lawyer from Victoria in Australia, has written a fascinating, and compelling, report entitled “Shining a Light Behind Closed Doors,” exploring … Read More ›

Posted on September 8, 2016

Posts navigation

Older posts

Recent Posts

  • Shedinar – the MCA and 16/17 year olds

    January 18, 2021
    In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can …Read More »
  • When is a refusal by a 16 or 17 year old of treatment determinative?

    January 18, 2021
    When should refusal of treatment by someone under 18 be determinative?   For many years, it had been thought that the …Read More »
  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »

RSS Bailii capacity cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021) January 18, 2021
  • Nimer v United Al Saqer Group LLC & Ors [2021] EWHC 50 (QB) (18 January 2021) January 18, 2021
  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021

RSS Bailii CRPD cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions

RSS MHLO updates

  • Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
    — (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
  • Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
    — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]

RSS Baillii Mental Health Act cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • Secretary of State for Work and Pensions v LM (ESA Contributions and credits - credits and credited earnings) [2017] UKUT 485 (AAC) (12 December 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • PA038302016 [2017] UKAITUR PA038302016 (15 November 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Monthly Post Archives

  • January 2021 (7)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
  • January 2017 (3)
  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
  • September 2016 (6)
  • August 2016 (7)
  • July 2016 (4)
  • June 2016 (10)
  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (3)
  • August 2015 (4)
  • July 2015 (11)
  • June 2015 (9)
  • May 2015 (4)
  • April 2015 (9)
  • March 2015 (6)
  • February 2015 (4)
  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
  • October 2014 (9)
  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

Log In


Lost your password?
Register
Forgotten Password
Cancel

Register For This Site

A password will be e-mailed to you.

© 2021 Mental Capacity Law and Policy
Powered by WordPress / Theme by Design Lab