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Adapted from guidance by 39 Essex Chambers.
This refers to the new, more person-centred fact finding form to be used for applications to the Court of Protection for:
authorisation to deprive people of their liberty
to give necessary care or treatment
in settings such as su
Facilitating participation of ‘P’ and vulnerable persons in Court of Protection proceedings.
Mr Justice Charles has released this practical guidance with helpful suggestions as to how practitioners might consider enhancing the participation of someone who might lack mental c
Cornwall Council v Secretary of State for Health and Others  UKSC 46
Published 29 November 2016
The Local Government Ombudsman (LGO) has issued a report criticising Wokingham Borough Council after a woman lost a third of her body weight while living in the care home it contracted to look after h
News and guidance: Self-neglect and capacity: Serious Case Review into the Case of Mr C
Published 3 Octobe
Useful guidance is available to help pick your way through the issues of coercion and control, both when someone’s possible lack of mental capacity is part of the situation, and more widely. Among these, we recommend:
Home Office (2015) Statutory guidance framework: Controllin
The Law Commission published its draft Bill to replace DoLS in March 2017. The replacement system, provisionally called Liberty Protection Safeguards, is still focused on the protection of people’s rights, but has been designed to be simpler than DoLS, less bureaucr
These references are linked to this month’s theme, and will enrich knowledge and practice.
Office of the Public Guardian (2013) Mental Capacity Act code of practice
The resources that follow can all be read in parallel with the framework of the Mental Capacity Act (MCA) as re
The Government has published its latest, anonymised, decisions in disputed Ordinary Residence cases. Ordinary Residence (OR) is one of the most complex areas of local authority decision-making – and these are of course the most complicated of OR cases, or they would not have be
This new protocol was published in December, on the handling of ‘so-called’ honour based violence/abuse and forced marriage offences between the National Police Chiefs’ Council and the Crown Prosecution Se