Deprivations of Liberty of 16- and 17-year-olds: Important new judgment from the Court of Protection

Posts Tagged by: Mental Capacity Article

Deprivations of Liberty of 16- and 17-year-olds: Important new judgment from the Court of Protection


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… Read more »

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Changes to the Mental Capacity Act 2005 Code of Practice – the appointment of personal welfare deputies


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… Read more »

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Powers, defences and the ‘need’ for judicial sanction: an update


This paper looks at circumstances in which applications are needed to court in the context of moves of residence and medical treatment.  To read this article please click HERE

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Discussion Paper: Modernising The Mental Health Act


This discussion paper, from Neil Allen, outlines and comments upon the key elements of the White Paper published on 13 January 2021 proposing reforms to the Mental Health Act 1983…. Read more »

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Advance decisions: getting it right?


The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act… Read more »

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Discussion Paper: Deprivation of Liberty, Cheshire West and the CRPD


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… Read more »

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Mental Capacity Report: Special Report: Law Commission MCD Project


In this special report, we provide full coverage of the recently published Law Commission Report on proposed amendments to the Mental Capacity Act. We include a detailed summary of the… Read more »

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More presumptions please? Wishes, feelings and best interests decision-making


This article first appeared in 3 Elder Law Journal (293-301, 2015) published by Jordan Publishing. All rights reserved. (c) Jordan Publishing, Alex Ruck Keene. To read the full article, please click… Read more »

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Judicial authorisations of deprivation of liberty – updated guidance


The guidance note previously prepared by the Mental Capacity Newsletters has now been updated to take account of this week’s decision of the Court of Appeal in Re X, and… Read more »

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Re X decision out now – the Court of Appeal and deprivation of liberty


The Court of Appeal has confirmed that both domestic law and the requirements of Article 5 currently mandate that P is joined to proceedings for judicial authorisation of the deprivation… Read more »

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