39 Essex Chambers Mental Capacity Law Newsletter
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This barristers' chambers produce good monthly updates on Court of Protection cases.
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Recent newsletters
These are on the MHLO resources database (most recent first):
| Report | Abstract |
|---|---|
| 39 Essex Chambers, 'Mental Capacity Report' (issue 114, June 2021) | "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: substance over form in DoLS authorisations, complex questions of coercion in medical treatment, and the limits of fluctuating capacity in the context of sex; (2) In the Property and Affairs Report: a brisk dismissal of an attempt to appeal a judgment of Senior Judge Hilder about charging by a deputy, and easy read guides to making LPAs; (3) In the Practice and Procedure Report: an important rapid consultation on hearings and the judicial view of remote hearings; (4) In the Wider Context Report: the CPR responds to vulnerability, strengthening the right to independent living, capacity in the rear view mirror and the ECHR and the CRPD at loggerheads; (5) In the Scotland Report: the Mental Welfare Commission on hospital discharges, change at Scottish Government (but how much) and welfare guardianships and deprivation of liberty." |
| 39 Essex Chambers, 'Mental Capacity Report' (issue 113, May 2021) | "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a judgment looking beyond the diagnosis, paying for sex and the Court of Protection, navigating autism and indoctrination and relevant updates about visiting guidance in relation to care homes; (2) In the Property and Affairs Report: a staunch judicial defence of Banks v Goodfellow, Child Trust Funds and capacity, and updates from the OPG; (3) In the Practice and Procedure Report: discharging a party without notice, the white leopard of litigation capacity and CoP statistics; (4) In the Wider Context Report: DNACPR decisions during COVID-19, litigation capacity in the civil context, and the interaction between capacity and the MHA 1983 in two different contexts; (5) In the Scotland Report: the new Mental Welfare Commission practice guidance on capacity, rights, and sexual relationships. Our Scottish team has been too busy making law in different countries to write more this month, but will bring updates next month about legislative developments on the cards as the new Scottish administration finds its feet." |
| Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21) | There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; (7) removal of Care Act "easements"; (8) Worcestershire s117 guidance case; (9) EU settlement scheme. |
| 39 Essex Chambers, 'Mental Capacity Report' (issue 112, March 2021) | "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: two cases each on vaccination, how long to keep going with life-sustaining treatment and obstetric arrangements, and important decisions on both family life and sexual relations; (2) In the Property and Affairs Report: Mostyn J takes on marriage, ademption and foreign law, and updates from the OPG; (3) In the Practice and Procedure Report: reasonable adjustments for deaf litigants and a new edition of the Equal Treatment Bench book; (4) In the Wider Context Report: DNACPR guidance from NHS England, NICE safeguarding guidance, reports on law reform proposals of relevance around the world and (an innovation) a film review to accompany book reviews and research corner; (5) In the Scotland Report: Scottish Parliamentary elections, Child Trust funds and analogies to be drawn from cases involving children." |
| 39 Essex Chambers, 'Mental Capacity Report' (issue 111, February 2021) | "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: vaccination; interim authority to treat pending a final order, and a further LPS impact assessment; (2) In the Property and Affairs Report: guidance following ACC for professional deputies; (3) In the Practice and Procedure Report: a checklist for international relocation, covert treatment and the courts, and recording of court proceedings; (4) In the Wider Context Report: decision-making and 16/17 year olds, FAQs following the Devon judgment on personal assessment, spotting coercion and control and the BIHR’s resources for service providers; (5) In the Scotland Report: further developments relating to the Scott review, including an update from the Chair, and Scottish consideration of relocation." |
Old newsletters
- Uploaded PDF files - PDFs of every newsletter, from 2010 to the present day
- 39 Essex Chambers Mental Capacity Law Newsletter archive - from 2010 to 2016
- 39 Essex Chambers website: Posts tagged by: Mental Capacity Newsletter - from 2014 to the present day