The guidance note previously prepared by the Mental Capacity Newsletters has now been updated to take account of this week’s decision of the Court of Appeal in Re X, and can be found here.
It is likely to be further updated in due course as we get clarity as to what is to happen to the Re X procedure in light of the decision.
Also, in an important parallel development, the Law Commission’s review of the Deprivation of Liberty Safeguards is being accelerated. The Law Commission will be publishing a report and draft bill by the end of 2016, instead of 2017 which was originally scheduled. To read the full announcement, please click here.
There will be a full report upon the Commission’s proposals in the next newsletter.