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Mental Capacity Report – June 2019

Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Katharine Scott, Alexander Ruck Keene, Annabel Lee, Nicola Kohn, Katherine Barnes

14th June 2019

Welcome to the June 2019 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity (Amendment) Act; the Court of Appeal on sex and social media; life-sustaining treatment in a ‘pro-life’ care home; an important Strasbourg case on deprivation of liberty; and the former Vice-President of the Court of Protection on the MHA 1983/MCA 2005 interface in the community;
(2) In the Practice and Procedure Report: a richly deserved award for District Judge Eldergill; and civil restraint orders in the presence of impaired litigation capacity;
(3) In the Wider Context Report: a summary of the recent developments relating to learning disability, seclusion and restraint; inquests, DoLS and Article 2 ECHR; and international developments including a ground-breaking report on the right to independent living;
(4) In the Scotland Report: the Chair of the newly established review of the Mental Health (Care and Treatment) Act 2003 provides his initial thoughts; and the Stage 1 report of the Independent review of learning disability and autism in the Mental Health Act.

For lack of sufficient relevant material, we have no Property and Affairs Report this month.

You can find all our past issues, our case summaries, and more on our dedicated sub-site here.