Mentalcapacitylawandpolicy.org.uk

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Care home and hospital visiting in England: the new framework …

WebFollowing on from its consultation on visiting in care homes and hospitals in England, the DHSC has (1) published its response; and (2) laid before Parliament the …

Actived: 5 days ago

URL: https://www.mentalcapacitylawandpolicy.org.uk/care-home-and-hospital-visiting-in-england-the-new-framework-from-6-april-2024/

The Court of Protection faces an agonising dilemma (and why …

WebBarnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the health and welfare of a 60 year old man, Mr K, and in …

Category:  Health Go Health

Remote assessments and MHA renewals – the High Court rules …

WebIn Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that “the phrases …

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‘Two Ps’ – navigating two sets of best interests – Mental Capacity …

WebIn HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should …

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Serious Medical Treatment

WebSerious Medical Treatment – Practice Guidance. 21 January 2020 Alex RK. The Vice-President of the Court of Protection, Hayden J has published guidance on …

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patient choice from the other side of capacity

WebHaving directed himself earlier as to the approach to best interests by reference to the Aintree approach, Baker J then analysed precisely how this mapped …

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Powers of attorney, care homes, best interests and deprivation of

WebI have been asked by a good BIA (you know who you are!) to write something about powers of attorney, care homes and best interests. Because I am nice like that, …

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Identifying a deprivation of liberty: a practical guide – updated …

WebAhead of the 10th anniversary on 19 March 2024 of the Supreme Court decision in Cheshire West, the Law Society has updated its practical guidance on …

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Updated COP3 form now live – Mental Capacity Law and Policy

WebA substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so as to reflect the correct ordering of the …

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Anorexia: handing back control

WebAnorexia: handing back control? 25 January 2017 Alex RK. In Cheshire & Wirral Partnership NHS Foundation Trust v Z [2016] EWCOP 50, Hayden J had to …

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Shedinar: the (dread) MHA/MCA interface

WebShedinar: the (dread) MHA/MCA interface. 10 June 2020 Alex RK. In this (possibly over)ambitious shedinar, updated in August 2023, I take on the interface …

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Court of Protection and COPDOL 11 applications

WebCourt of Protection and COPDOL 11 applications. 17 April 2020 Alex RK. Senior Judge Hilder has approved the circulation of the following update (17 April 2020) …

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About me – Mental Capacity Law and Policy

WebAbout me. I am Alex Ruck Keene. I have been in practice at 39 Essex Chambers in London since 2003 and specialise in the fields of mental capacity, mental health, and healthcare …

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Capacity, pregnancy, risk and the courts

WebA NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant woman aged 21 …

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The Supreme Court pronounces on litigation capacity (and the …

WebDunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary. Ms Dunhill sought to have a compromise agreement into which she had entered declared void due to her …

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Shedinar – the MCA and 16/17 year olds

Web18 January 2021 Alex RK. In this shedinar, I look at the MCA and 16/17 year olds. This is a complicated area, so this can serve only as an overview. As I note in the video, the law in …

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in conversation with Dr Chloe Beale

WebPerhaps there is an element missing from the capacity test, viz : Does the person have the ability to put the decision into effect? Being able to decide whether or …

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Addressing the Conundrum: the MCA or the MHA

WebAddressing the Conundrum: the MCA or the MHA? Oluwatoyin A Sorinmade, 1. Alex Ruck Keene. 2. and Lisa Moylan. 3. Introduction . The question of when to use the procedures …

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Liberty Protection Safeguards newsflash: implementation delayed …

WebIn a decision which will trouble many (for instance the Joint Committee on Human Rights: see its 2022 report on human rights in care settings), has “deeply …

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