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[OTHER] News and guidance: Self-neglect and capacity: Serious Case Review into the Case of Mr C

News and guidance: Self-neglect and capacity: Serious Case Review into the Case of Mr C https://www.bristol.gov.uk/documents/20182/354651/Bristol+Safeguarding+Adults+Board+publishes+Serious+Case+Review+into+dea....pdf/80797b42-6d7a-4942-b935-446fa02c1e5d Published 3 Octobe

[OTHER] Case 6: X (No: 2. Declaration that X has capacity) [2016] EWCOP 50 (21 November 2016)

Link to Bailii (British and Irish Legal Information Institute): http://www.bailii.org/ew/cases/EWCOP/2016/50.html  Date: Hearing date 21 November 2016 Summary: Family Law Week Case synopsis: This update to a case reported in our November update shows that decisions about cap

[OTHER] Case 1: Southwark v KA (Capacity to Marry) [2016] EWCOP 20 (23 March 2016)

Link to BAILII (British and Irish Legal Information Institute): http://www.bailii.org/ew/cases/EWCOP/2016/20.html Summary: 39 Essex Chambers  Date: 23 March 2016 Case synopsis Here, the court looked again at whether a man aged 29, with a mild learning disability, had the ca

[OTHER] News and Guidance: Proposed legislation to replace the Mental Capacity Act (MCA) deprivation of liberty safeguards (DoLS)

Background 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

[OTHER] News and Guidance: Ombudsman focus report on mental capacity

The Local Government and Social Care Ombudsman (LGO) has produced a report looking at complaints they have received concerning treatment of people lacking mental capacity. The report, ‘The Right to Decide: Towards a greater understanding of mental capacity and deprivation of li

[OTHER] Case 5: CH v A Metropolitan Council [2017] EWCOP 12 Sexual capacity within a marriage

Link to BAILII: http://www.bailii.org/ew/cases/EWCOP/2017/12.html  Summary: Court of Protection Hub Date: 28 July 2017 Case synopsis: This case concerned capacity to consent to sexual relations, but is unusual in that it relates to a married couple, where one party, CH, had b

[OTHER] News and Guidance: Happy birthday to the Mental Capacity Act 2005 (MCA)!

On 1 October 2007 the MCA was implemented (apart from DoLS, which came in eighteen months later). Many lawyers and others involved in implementing the Act have provided topical ‘school reports’ on the MCA including DoLS: for examples see: Mental Capacity Law & Policy  

[OTHER] Suggested reforms to the wider Mental Capacity Act (MCA) 2005

Synopsis The intention here is to strengthen the rights of people who lack mental capacity in a situation where others are making decisions for or about them, or may contemplate doing so. There are also moves to ensure that the requirements of the Convention on the Rights of Per

[OTHER] Case 3: Re P (Mental Capacity Act 2005: Best Interests Test) [2017] EWCOP B26

http://www.bailii.org/ew/cases/EWCOP/2017/B26.html   Date: 31st May 2017 Synopsis: When deciding the care plan and residence of a person without capacity, there is no assumption that paid care is are always more sustainable in the long term than family and friends. If it is in

[OTHER] News and Guidance: The Mental Capacity (Amendment) Bill has been published

Summary: The Bill is much narrower than the reforms suggested by the Law Commission in 2017 that it is based on. It is focussed entirely on Deprivation of Liberty Safeguards (DoLS). Reform to sections four and five of the Mental Capacity Act 2005 (MCA) has been dropped. In its c
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