Mental Capacity Newsletter – December 2015

Mental Capacity Newsletter – December 2015

CategoryNews Author Victoria Butler-Cole KC, Alex Ruck Keene KC (Hon), Simon Edwards, Neil Allen, Anna Bicarregui, Annabel Lee Date

Welcome to the December 2015 Newsletters.  Highlights this month in a bumper set include:

  1. In the Health, Welfare and Deprivation of Liberty Newsletter: landmark best interests and capacity decisions in the medical treatment sphere, more on the cross-over between the MHA and the MCA, forced marriage, and the CQC’s latest DOLS report;
  2. In the Property and Affairs Newsletter: gratuitous care, conflicts of interest and the OPG’s new guidance on safeguarding;
  3. In the Practice and Procedure Newsletter: a very important decision on fact-finding (and when it is and is not necessary), and guidance – by analogy – from the Supreme Court on the ‘urgency’ cross-border jurisdiction of the Court of Protection;
  4. In the Capacity outside the COP Newsletter: DNACPRs notices and capacity, a College of Police Consultation on Mental Health practice, a coroner fully grasping capacity, the inaugural UK Mental Disability Law Conference and a book corner;
  5. In the Scotland Newsletter: important amendments to the Education (Scotland) Bill, an important – and troubling – judicial review decision on ordinary residence in the cross-border context and guidance from the MWC on hidden surveillance.

And remember, you can now find all our past issues, our case summaries, and much more on our dedicated sub-site here.   ‘One-pagers’ of the cases in these Newsletters of most relevance to social work professionals will also shortly appear on the SCIE website.

We are taking a break over the holiday period so (those of you who get them) happy holidays, and we will return in February from our new COP Towers in Chancery Lane.

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