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,…
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…
This is the seventh part of our series of briefings on Amending the Mental Health Act. In the recent Queen’s speech, the government confirmed its intention to amend the Mental Health Act. A White Paper will be published to address the…
The extent of the High Court’s inherent jurisdiction for the protection of vulnerable adults was considered last month in the widely reported case of Southend-on-Sea Borough Council v Meyers.[1] Inherent jurisdiction is the power of the High Court to protect ‘incompetent’ and…
Amid the noise arising from Brexit, Sir Simon Wessely’s review of the Mental Health Act was published in December. The report runs to some 300 pages grouped by reference to a series of principles, namely: Truth and autonomy The use of least…
The Upper Tribunal recently considered the issue of what a patient needs to understand in order to establish they have capacity to bring proceedings before the First-Tier Tribunal.[1] Background to the case Mr S, the patient in this case, did not have…
Is the use of surveillance cameras in care homes an acceptable practice? This question has been subject to regular debate in the care home sector and the media, often in the context of cases where care homes have been seen to have failed their…
The Supreme Court has recently given an important judgment[1] in which it has made clear that it is not a legal obligation for healthcare professionals to seek the approval of the Court before withdrawing clinically assisted nutrition and hydration (CANH)…
The Mental Capacity (Amendment) Bill was introduced to the House of Lords yesterday for its first reading, following a Law Commission consultation last year. The bill seeks to replace the current DoLs regime with ‘Liberty Protection Safeguards’. It recognises the difficulties inherent…
Professor Sir Simon Wessely, Chair of the independent review into the operation of the Mental Health Act (MHA), published the panel’s interim report. The report is based on upon a preliminary assessment of the issues following the conclusion of a wide…
