39 Essex Street, 'Mental Capacity Law Newsletter' (issue 40, December 2013)
Mental capacity law newsletter "In this issue, we cover an important application under s.21A MCA 2005, a decision (re)affirming the ability of social workers to give evidence as to capacity and a decision as to the discretion of the Court of Protection to make declarations as to capacity. We also highlight developments including a new COP3 form, the move of the Court of Protection, and a new dementia-friendly financial services charter." The cases mentioned in this issue are: Re M (Best Interests: Deprivation of Liberty)  EWHC 3456 (COP),  MHLO 97 — A Local Authority v SY  EWHC 3485 (COP),  MHLO 96 — YLA v PM  EWHC 3622 (Fam),  MHLO 114 — Re P (A Child)  EW Misc 20 (CC),  MHLO 103 — Re AA  EWHC 4378 (COP),  MHLO 182 — R v Farooqi  EWCA Crim 1649,  MHLO 108 — Cuthbertson v Rasouli (2013) SCC 53,  MHLO 109 — Kirklees MBC 11 004 229  MHLO 122 (LGO/PHSO). There is also information under the following headings: (a) Lay deputies facing custodial sentence after conviction for theft from compensation fund; (b) Transparency in the Court of Protection; (c) New COP3 published; (d) Costs in s.21A applications round 2; (e) Department of Health response to post-legislative scrutiny of MHA 2007; (f) AM - a BIA/AMHP responds; (g) New Mental Health Tribunal Practice Direction directs specific consideration of whether MCA would be less restrictive; (h) Dementia-friendly financial services charter; (i) Intervention Order integral to successful settlement of Scottish criminal injuries compensation claim after 24 years; (j) Mental Welfare Commission for Scotland recruiting new Chief Executive; (k) Mini call for evidence.