Mental Capacity Articles


This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: a. the position of a person who is confined, cannot consent to that confineme... Read more  

Deprivations of Liberty of 16- and 17-year-olds: Important new judgment from the Court of Protection

Bolton Council v KL [2022] EWCOP 24 (21 June 2022) (HHJ Hilder)Francesca Gardner and Arianna Kelly appeared in an important case from Senior Judge Hilder on how the Court of Protection should approach applications to authorise the deprivation of libe... Read more  

Changes to the Mental Capacity Act 2005 Code of Practice – the appointment of personal welfare deputies

This article by Rosie Campbell and Alex Rook of Rook Irwin Sweeney, and Victoria Butler-Cole QC, considers the proposed changes to the Mental Capacity Act Code of Practice in respect of welfare deputyships.Click here to read the article. Read more  

Powers, defences and the 'need' for judicial sanction: an update

This paper looks at circumstances in which applications are needed to court in the context of moves of residence and medical treatment.  To read this article please click HERE Read more  

Discussion Paper: Modernising The Mental Health Act

This discussion paper, from Neil Allen, outlines and comments upon the key elements of the White Paper published on 13 January 2021 proposing reforms to the Mental Health Act 1983. You can read the full paper here. Read more  

Mental Capacity Report: Special Report: Law Commission MCD Project

In this special report, we provide full coverage of the recently published Law Commission Report on proposed amendments to the Mental Capacity Act. We include a detailed summary of the report by Tim Spencer-Lane, lead lawyer at the Law Commission wor... Read more  
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