Mental Capacity Report – December 2019

Mental Capacity Report – December 2019

CategoryNews Author Victoria Butler-Cole QC, Alex Ruck Keene QC (Hon), Simon Edwards, Neil Allen, Katharine Scott, Annabel Lee, Nicola Kohn, Katherine Barnes Date

Welcome to the December 2019 Mental Capacity Report out 100th*. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: an important guest article from Inclusion London, and reflections fromTor and Alex on 100 issues;
(2) In the Property and Affairs Report: a report of an interview with HHJ Hilder and deputyship refunds;
(3) In the Practice and Procedure Report: the administration of appeals, and important judgments shedding light by analogy on factfinding, costs and vulnerable witnesses;
(4) In the Wider Context Report: assisted dying, Article 2 obligations and informal patients, and reports of developments in Northern Ireland, Jersey and wider afield;
(5) In the Scotland Report: an important judgment on guardianship and deprivation of liberty, a judicial review of conditions of excessive security and further observations on the operation of ‘foreign’ powers of attorney in England & Wales from the Scottish perspective.

You can find all our past issues, our case summaries, and more on our dedicated sub-site here. If you want more information on the Convention on the Rights of Persons with Disabilities, which we frequently refer to in this Report, we suggest you go to the Small Places website run by Lucy Series of Cardiff University.

Happy holidays, and we will return in February 2020.

* Confession: there was a numbering glitch a long way back which means that this is no.99 in this series, but in our defence no.1 in fact represented the formalisation of informal updates Tor and Alex had been doing for several months.

Click here for the screen-friendly version of the report

Click here for the print version of the report


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