The Mental Capacity Act 2005 – Where are we now?

The Mental Capacity Act 2005 – Where are we now?


CategorySeminar Archive Author Fenella Morris QC, Nicola Greaney Date

  • The Bournewood proposals
  • The meaning of “deprivation of liberty” after JE v DE and Surrey County Council
  • The need for best interests declarations before the MCA comes into force
  • Implementation of the MCA in April 2007 – IMCAs and the new criminal offence
  • Implementation of the MCA in October 2007 – section 5.Fenella Morris and Nicola Greaney are co-authors with Beverley Taylor, a Senior Lawyer for the Official Solicitor, of The Mental Capacity Act 2005: A Guide to the New Law, published by the Law Society.  A 2nd Edition will be published later this year to coincide with the 2005 Act coming fully into force.

Fenella Morris practises in the areas of public law, human rights, local government, medical law and professional regulation and discipline.  She is well known for her work in cases concerning the health, welfare, and finances of incapable adults.  She is regularly instructed on behalf of the Official Solicitor, public authorities and individuals in cases in the inherent jurisdiction of the Family Division and in the Administrative Court.  She is recommended in Chambers and Partners, the Legal 500 and Legal Experts as a leading junior in public and administrative law, human rights, local government, education and professional discipline.  Fenella has appeared in the recent cases of JE v DE and Surrey County Council, R (Munjaz) v Ashworth Health Authority and E v Channel Four.  She is an accredited mediator and has experience of mediating a range of community care and best interests disputes.

Nicola Greaney has a particular emphasis on mental health, health, incapacity, community care, prison law, immigration, education and local government. She appears frequently in the High Court as well in tribunals such at the Mental Health Review Tribunal. She acts in medical treatment, social welfare and financial cases involving incapable adults (on behalf of the Official Solicitor, family members, health bodies or local authorities). She does claimant and defendant judicial review work. She also appears in disciplinary proceedings before bodies such as the Nursing and Midwifery Council and the Care Standards Tribunal. She is a member of the Attorney General’s B panel for Counsel.


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