The first Court of Protection judgment in relation to capacity, best interests and the Covid-19 vaccination has been published. The matter concerns Mrs E, an 80-year old woman, who had been living in her current care home since March 2020,…
We have updated this briefing with guidance from NHS England since we first published it on 25 January 2021. On 22 January 2021 the court handed down judgement in the case of Devon Partnership NHS Trust v S of S for…
On 22 January 2021 the court handed down judgement in the case of Devon Partnership NHS Trust v S of S for HSC [2021] EWHC 101. A case with potentially wide ramifications where patients have been detained under the Mental Health…
Back in October 2017 the then Prime Minister Theresa May announced a review of the Mental Health Act chaired by Prof Simon Wessely. That review reported in December 2018 and the Queen’s speech in 2020 reiterated the Government’s commitment to…
The White Paper ‘Reforming the Mental Health Act’ as promised by the Government was published today. Announcing its launch, the press release confirms that the White Paper sets out the path towards the Government’s commitment to introduce the first new…
On 1 October 2020 The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 were laid before Parliament. The Explanatory Memorandum to the Regulations confirms that they allow for certain statutory forms used for the exercise of powers of…
On 8 October 2020 the Care Quality Commission (the ‘CQC’) published the revised ‘Registering the Right Support’ guidance which is now called Right support, right care, right culture. This continues to be statutory guidance issued in accordance with s.23 of…
Injunctive relief will be granted to remove a patient from a hospital ward when their licence to occupy has been terminated, despite the current stay on possession proceedings. The recent case of University College London Hospitals NHS Foundation Trust v…
In the Queen’s speech in early 2020, the Government confirmed its intention to amend the Mental Health Act. It said that a White Paper would be published to address the following: greater control for patients over their treatment making sure patients have…
The Department of Health’s ‘Responding to Covid-19 :the ethical framework for adult social care’ is intended to aid ongoing response planning and decision-making to ensure that ample consideration is given to a series of ethical values and principles when organising…
