Newsletter – Mental Capacity Law and Policy

Deputyship and legal incapacitation: don’t (always) believe what you read
July 22, 2019
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] …Read More »
Capacity and sexual relations – trying to make it personal
July 17, 2019
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test …Read More »
Termination and best interests: the Court of Appeal’s reasons
July 11, 2019
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to …Read More »
CTOs and community deprivation of liberty – some welcome clarity
July 8, 2019
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity …Read More »
Contingency planning and the Court of Protection
July 4, 2019
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has …Read More »

New policy for contacting nearest relative
— On 14/6/19 the tribunal secretariat wrote to tribunal users as follows: "Following the feedback from some of our users. From Monday the 17 June the Tribunal will use the information provided on the Statement of Information about a patient objecting to their nearest relative being contacted in precedence to that provided on the application […]
Case (Reinstatement). JS v SLAM NHS Foundation Trust [2019] UKUT 172 (AAC)
— (1) Reinstatement: "As there is no right to reinstatement, the tribunal has a discretion whether or not to reinstate the party’s ‘case’. It must, like all discretions, be exercised judicially and that involves complying with the overriding objective of the tribunal’s rules of procedure, which is ‘to enable the Tribunal to deal with cases […]
Case (Immigration detention). R (ASK) v SSHD [2019] EWCA Civ 1239
— "These appeals raise important issues concerning the powers of the Respondent Secretary of State to detain those who suffer from mental health conditions pending removal from the United Kingdom. In each case, the Appellant is a foreign national who satisfied the statutory criteria for detention pending removal, but who suffered from mental illness such […]
Guidance on spent convictions etc. Ministry of Justice, 'Updated guidance on the Rehabilitation of Offenders Act 1974' (4/3/14)
— Is a restricted hospital order spent when the patient is conditionally discharged or when he is absolutely discharged? The Ministry of Justice does not have an official position on the matter, but refers to this guidance document which states that under the Rehabilitation of Offenders Act 1974 the rehabilitation period of a hospital order, […]
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