39 Essex Street, 'Mental Capacity Law Newsletter' (issue 39, November 2013)

Essex newsletter 39.pdf

Mental capacity law newsletter "This is a milestone issue of the newsletter, because in it we report upon the first decision of the Supreme Court on the MCA 2005: Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67M, the first case under the MCA 2005 to come before the Court. Amongst other cases, we also cover a further iteration in the on-running saga of capacity to consent to sexual relations, and the important case of MH v UK, which may – we suggest – have significant ramifications for the operation of the DOLS regime (whatever the Supreme Court ultimately decide as to the scope of that regime following the hearing on 21-3 October). We also provide you with our usual round-up of significant guidance and developments from both this jurisdiction and further afield covering such matters as the consultation on important changes to the procedures for making LPAs, Article 12 of the UN Convention on the Rights of Persons with Disabilities, and costs in the Court of Protection." The cases mentioned in this issue are: Aintree University Hospitals NHS Foundation Trust v David James [2013] UKSC 67, [2013] MHLO 95A Local Authority v TZ [2013] EWHC 2322 (COP), [2013] MHLO 91Re P (abortion) [2013] EWHC 50 (COP), [2013] MHLO 1A Local Authority v ED [2013] EWHC 3069 (COP), [2013] MHLO 92Re Devillebichot (deceased) [2013] EWHC 2867 (Ch), [2013] MHLO 107MH v UK 11577/06 [2013] ECHR 1008, [2013] MHLO 94R (Muhammad) v SSHD [2013] EWHC 3157 (Admin), [2013] MHLO 123R (Greenough) v SSJ [2013] EWHC 3112 (Admin), [2013] MHLO 124Oluku v CQC (2012) UKFTT 275, [2012] MHLO 183. There is also information under the following headings: (a) Costs in the Court of Protection - important practice points; (b) Advocates Gateway; (c) Attempt to include power of entry in Care Bill defeated; (d) Transforming the services of the OPG consultation; (e) Law Society of Scotland guidance on powers of attorney and vulnerable clients; (f) New safeguarding policy for the OPG; (g) CQC Report - A fresh start for the regulation and inspection of adult social care; (h) Article 12 of the UN CRPD - draft comment by the Committee on the Rights of Persons with Disabilities; (i) Law Society Mental Health and Disability Committee vacancy



Type: Newsletter🔍

Title: Mental Capacity Law Newsletter

Author: Ruck Keene, Alex🔍 · Butler-Cole, Victoria🔍 · Allen, Neil🔍 · Pratley, Michelle🔍

Organisation: 39 Essex Chambers🔍

Date: November 2013🔍

Issue: 39

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