39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)

Essex newsletter 109.pdf

Mental capacity law newsletter "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; (3) In the Practice and Procedure Report: for how long does a Court of Protection judgment remain binding, and helpful guidance for experts reporting upon capacity; (4) In the Wider Context Report: challenging reports about the disproportionate effect of COVID-19 upon those with learning disability, young people with learning disability and autism under detention, and capacity and public hearings before the Mental Health Tribunal; (5) In the Scotland Report: discharge from hospital without proper consideration of ECHR rights."

Other material

You can watch Alex’s walkthrough of this month’s report here .

Steve Broach and Rosie Scott have also produced a video in which they discuss the recent decision in A Local Authority v GP and RP, a case featured in this month’s report which is notable for consideration of the ‘relevant information’ in assessing a young person’s capacity to make decisions relating to their education and care. Steve and Rosie highlight some key features of the judgment and consider how it may influence the court’s approach in future cases. You can watch the video here.


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Type: Newsletter🔍

Title: Mental Capacity Report

Author: Ruck Keene, Alex🔍 · Butler-Cole, Victoria🔍 · Allen, Neil🔍 · Lee, Annabel🔍 · Kohn, Nicola🔍 · Scott, Katie🔍 · Edwards, Simon🔍 · Ward, Adrian🔍 · Stavert, Jill🔍 · Sullivan, Rachel🔍 · David, Stephanie🔍

Organisation: 39 Essex Chambers🔍

Date: November 2020🔍

Issue: 109

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