An update on the Mental Capacity (Amendment) Bill.

This guide is intended for bereaved people and others who may be affected by a coroner investigation or are attending a coroner’s inquest. The guide provides bereaved people with an explanation of the coroner investigation and inquest process as well as links to other organisations that may also provide help and advice. Whilst the guide is focused on bereaved people, it will also be useful for others, including other interested persons and witnesses as well as members of the public who want to understand coroner processes. The guide includes a protocol of key principles which applies when a government department has interested person status in an inquest. The protocol aims to ensure that the department recognises the need for bereaved people to be involved throughout the inquest process. The guide is not intended as a statement of the law and does not cover every situation that might arise.

Legal trainer Belinda Schwehr sets out what practitioners need to consider in relation to cases where a child may be deprived of liberty.

This website provides information and case examples on MCA practices with some focus on Court of Protection: health, welfare, Deprivation of Liberty and property and affairs.

Case law relating to health, welfare and deprivation of liberty.

This note provides an overview of the Department of Health and Social Care (non-statutory) guidance ‘Adult social care: our COVID-19 winter plan 2020 to 2021’. It discusses the key issues for local authorities, and in particular the interplay with the wellbeing principles of the Care Act 2014, including managing a potential conflict in terms of the wellbeing of both care home residents and those in the community with care and support needs as regards prevention of C-19. It also looks at the implications of the winter plan for the right to respect for family and private life, addressing the tension between the imperative to protect the health of social care users (and the social care workforce) and the need to respect the family life and private life rights of those who might be subject to protective restrictions. Finally, it explores the impact of the winter plan on deprivation of liberty safeguards, in particular in relation to testing and 14-day isolation requirements.

Project status, summary of findings and links to output relating to a review of the Mental Capacity Act and the DoLS. The Law Commission consultation paper was published on 7 July 2015. It contained provisional proposals for the reform of the law and was one of the most extensive public consultation exercises undertaken by the Law Commission. In May 2016 the Commission published an interim statement, summarising the key messages from consultation and setting out some of our initial conclusions. A report setting out recommendations was published on 13 March 2017, together with a draft Bill.

This Act amends the Mental Capacity Act 2005 in relation to procedures with which a person may be deprived of liberty where the person lacks capacity to consent. It includes amendments of authorising of arrangements enabling care and treatment which give rise to a deprivation of liberty; and Section 42 of the Mental Capacity Act 2005 code of practice in relation to Deprivation of liberty. The legislation provides for the repeal of the Deprivation of Liberty Safeguards (DoLS) and their replacement with a new scheme called the Liberty Protection Safeguards (LPS).

The website is run by a practising solicitor, Jonathan Wilson. It includes links to the full text of the relevant primary and secondary legislation, as well as a searchable and comprehensive database of cases from all levels of tribunals and courts in which the Mental Health Act 1983 and/or the Mental Capacity Act 2005 have been considered.

In addition to signposting to MCA and DoLS guidance, this document sets out key steps to ensure the legal and regulatory requirements in relation to consent and capacity are met.

This training session presentation focuses on deprivation of liberty safeguards, identifies changes to be implemented due to case law and examines the effects of the case law in procedure and practice.

Case law summary relating to Deprivation of Liberty Safeguards (DoLS).