Mental Capacity Articles

Bolton Council v KL [2022] EWCOP 24 (21 June 2022) (HHJ Hilder)Francesca Gardner and Arianna Kelly appeared in an important case from Senior Judge Hilder on how the Court of Protection should approach applications to authorise the deprivation of liberty of a 16 or 17 year old and when the streamlined procedure is appropriate. The case considered an application by the local authority to reconsider the court's removing an application for an authorisation of the deprivation of liberty of a 17-year-old who was living in a very long-standing foster care placement, where it was proposed he would remain after turning [...]

This article by Rosie Campbell and Alex Rook of Rook Irwin Sweeney, and Victoria Butler-Cole QC, considers the proposed changes to the Mental Capacity Act Code of Practice in respect of welfare deputyships. Click here to read the article.  

This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: a. the position of a person who is confined, cannot consent to that confinement, but where there appears to be no element of coercion or the deployment of measures against their will; b. the position of person who is confined, cannot consent to that confinement, but is subject to coercion. Download below to read the full Discussion Paper.   Valid Consent Discussion Paper