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Briefing quick find:

A new draft MCA Code of Practice: capacity

We have previously commented on the overall update to the Mental Capacity Act code of practice proposed by the new draft code. The MCA clearly has the issue of capacity as a central concept. The new draft code provides additional guidance…

A new draft MCA Code of Practice: an overview

The long-awaited consultation on the draft new code to the Mental Capacity Act (“MCA”) has recently been published. We previously commented on the aspects of this relating to the Liberty Protection Safeguards (“LPS”) but the new code updates much of…

Liberty Protection Safeguards – the journey continues

The Liberty Protection Safeguards (“LPS”) (the replacement for the deprivation of liberty authorisation regime – “Dols” – currently in place) was initially previously set for implementation by April 2022. However, the Government confirmed in December 2021 that this would not be…

Covid-19 Inquiry Terms of Reference published

Baroness Heather Hallett DBE has been appointed by the Prime Minister as the chair of the Covid-19 inquiry with a view to starting the process in spring 2022. The draft terms of reference for the inquiry have now been published and…

Best Interests Decisions & COVID vaccines

Additional boosters are now being offered and there is an apparent increase in the numbers of patients with COVID-19 who are aged over 55. The comments from the court in the recent SS case on how to approach best interest…

Equality of Arms and Article 2 inquests

From 12 January 2022 Exceptional Case Funding (ECF) for inquests will no longer be means tested. Bereaved families in Article 2 inquests will no longer be required to submit to a lengthy and probing application process. The changes mean that starting on 12…

A New Year – but continuing challenges

At the beginning of 2021, with the first vaccination having been given, everybody was optimistic that the pandemic would finish within the foreseeable future. Unfortunately, that has not proved to be the case and the stresses that it brings for…