It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Tag: Mental health
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… Read more
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… Read more
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’… Read more
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,… Read more
“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… Read more
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… Read more
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,… Read more
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… Read more
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,… Read more