Mental Capacity Law Newsletter – September 2015

Mental Capacity Law Newsletter – September 2015


CategoryArticles Author Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Alexander Ruck Keene, Annabel Lee Date

Welcome to the September 2015 Newsletters: Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Newsletter: an update on the Re X saga, clarification over DoLS and conditional discharges, scrutiny of DoLS scrutinisers, an important decision on withdrawal of treatment, and a guest article by Dr Gareth Owen and capacity and brain injury;
  2. In the Property and Affairs Newsletter: an important decisions on P’s use of funds for school fees in the context of mutual dependency, successive deputies, adverse costs orders and interest free loans, bad LPA behaviour, and family members as deputies;
  3. In the Practice and Procedure Newsletter: clarification over the (lack of) funding of s49 court reports, the importance of participation in proceedings, and habitual residence;
  4. In the Capacity outside the COP Newsletter: CRPD Committee’s guidelines on article 14, assisted suicide, and litigation capacity in other proceedings;
  5. In the Scotland Newsletter: questionable policies and article 8 ECHR, the Education (Scotland) Bill, new guidance and ordinary residence, and new DOL guidance.

And remember, you can now find all our past issues, our case summaries, and much more on our dedicated sub-site here.

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