ordinary residence – Mental Capacity Law and Policy

Case comments, Mental Health

Ordinary residence and s.117 MHA 1983 – back to the statutory guidance

In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act) was wrong in relation to … Read More ›

Legislative developments

Ordinary residence guidance updated (finally) to take account of Cornwall decision

In the most recent of its rolling series of updates to the Care Act Statutory Guidance, the Department of Health has finally updated Chapter 19 … Read More ›

Case comments, Cross-border, Deprivation of liberty, Medical treatment, Mental Health

Mini news briefing

Cases are coming out left, right and centre at the moment, and with other commitments, it is not possible to write about them in the … Read More ›

Capacity, Case comments

All change in the ordinary residence rules relating to incapacitated adults

R (Cornwall Council) v SoS for Health & Ors [2014] EWCA Civ 12 (Court of Appeal (Elias, Lewison and Floyd LJJ)) Summary This very important … Read More ›

Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
April 2, 2021
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
End of term report from the Mental Capacity Report team
April 1, 2021
For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
March 30, 2021
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
Mediation and medical cases – reflections on process and outcomes
March 29, 2021
In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
March 26, 2021
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

Case (Coronavirus vaccination). NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
— CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG […]
Mental Health Tribunal coronavirus Practice Direction. Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (18/3/21)
— This extends Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) with amendments to 18/9/21. The non-trivial amendments are: (1) A new heading "Disposal of proceedings on the papers" stating "5. The tribunal shall observe the requirements of rule 5A and rule 35 in cases […]
Coronavirus tribunal composition (non-MH). Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21, with the removal of paragraph 8 ("Involvement of Non-Legal Members not on a panel: If the composition arrangements for a case are altered from what they would have been under the Standard Composition Arrangements, […]
Tribunal coronavirus Practice Direction. Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21 with minor amendments. The amendments are: (a) additional words in paragraph 3 ("This Practice Direction applies to all appeals, applications and other proceedings..."); (b) paragraph 7A refers to "courtroom" instead of "hearing room"; […]
Case (Section 37/41 or s45A). R v Lall [2021] EWCA Crim 404
— The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction.

Username
Password

	Remember Me Lost your password? Register