presumption of capacity – Mental Capacity Law and Policy

When not to presume upon a presumption

The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand, we have the situation of … Read More ›

CPBA Webinar on MCA decision-making: slides now available
May 28, 2020
The slides from the Court of Protection Bar Association Webinar on “MCA decision making in the time of COVID-19 for …Read More »
Capacity, complexity and time – a discussion with Gareth Owen
May 26, 2020
The latest ‘in conversation from the shed’ is with the psychiatrist, Dr Gareth Owen, in which we discuss what makes …Read More »
Capacity and suicide
May 26, 2020
[Warning: this post contains a legal analysis of the question whether a person can be said to have capacity to …Read More »
Court of Protection update
May 22, 2020
Senior Judge Hilder and the Operations Manager of the Court of Protection have provided an update on the court’s performance …Read More »
MCA decision making in the time of COVID-19 for those in care homes and supported living
May 21, 2020
The Court of Protection Bar Association is holding a webinar at 17:00 on 28 May 2020 on this topic, chaired by the …Read More »

All PELT courses postponed
— All Peter Edwards Law Training courses have been postponed, and will be rearranged when it is safe to do so. See the following pages for details of each course: PELT: Accredited - Admission to the MHT Panel (Hoylake, postponed); PELT: Court of Protection/MCA Masterclass - Legal Update (Hoylake, postponed); PELT: Depriving Children and Young […]
COP update. Court of Protection, 'Court User Group Update' (HHJ Carolyn Hilder and Amrit Panesar, 21/5/20)
— This letter to court users deals with the court's performance and activities during the coronavirus outbreak and some of the work being done to assist practitioners, under the headings: (1) Hearings; (2) Filing of form COP20s; (3) Electronic filing of P & A deputy applications; (4) Performance.
MHT remote hearings. Mental Health Tribunal, 'Ensuring patients can access justice' (Sarah Johnston DCP, 22/5/20)
— This article on the Judiciary website explains the adoption of remote hearing procedures by the MHT.
Case (Appeal against IPP). R v Stredwick [2020] EWCA Crim 650
— "In this appeal the appellant invites the court to quash the sentence of imprisonment for public protection imposed in 2008 and make an order pursuant to section 37 of the Mental Health Act 1983 ("the 1983 Act") for his admission or continued detention at Ty Gwyn Hall Hospital, Abergavenny. The appellant also invites the […]
Case (Section status and aftercare). Tees, Esk and Wear Valleys NHS Foundation Trust (19 012 290a) [2020] MHLO 21 (LGSCO)
— "Summary: The Ombudsmen find there was fault by a Trust in giving a family incorrect information about a mental health patient’s status. When this came to light it caused the patient’s wife considerable stress which has not yet been fully addressed. The Ombudsmen also find that fault by a Council meant the patient’s wife […]

Username
Password

	Remember Me Lost your password? Register