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The Court of Protection has never been busier and, with increasing scrutiny from the CQC, the media and the public, it is more important than ever to ensure the Mental Capacity Act is well understood and implemented in your organisation. We know from CQC inspections that a strong result on MCA and deprivation of liberty is very closely correlated to a good outcome overall.
The issue of Deprivation of Liberty (DoL) in particular has been hugely active since the Supreme Court judgment in Cheshire West in March 2014.
Acting for local authorities, NHS bodies and independent sector providers, our experienced team has been at the forefront of policy and practice in the Court of Protection since it was established. Our advisory / Court of Protection practice has grown eight fold in the last 2 years.
At long last we have the judgment of the Court of Appeal in the cases of MM and PJ. Both these cases involve appeals from judgments of Charles J in the Upper Tribunal.
On 13 March 2017 the Law Commission published its full report and recommendations, with a draft Bill, to radically reform the law on Mental Capacity and Deprivation of Liberty. Mark Barnett discusses the recommendations and the practical impact in this webinar.
On 22 March, the Supreme Court handed down a much anticipated judgment on N v A CCG on the relationship between resource allocation decisions and best interests.
On 13 March 2017 the Law Commission published its final report and recommendations regarding proposed reform of the law on deprivation of liberty as a whole.
They're very good. We use them as first port of call because of the quality of advice and support we get.
We have been very impressed with them. They are very practical in their advice and it has always been spot-on.
They are knowledgeable; they have a particular expertise in the topic. It's a growing area legally and we are confident to place our reliance on them.
I have always found them accessible, which is useful when you need urgent advice. Their advice has always been good and the team is friendly. We have built up a good working relationship.
Ben is 'very knowledgeable and extremely responsive,' and 'he's a very safe pair of hands and provides intelligent and thoughtful advice'.
Cutting edge medical treatment cases – including the first Court authorised male sterilisation and the leading case on withdrawal of artificial nutrition and hydration in a minimally conscious state.
Supporting the Law Commission in developing proposals for the reform of the law on deprivation of liberty.
Drafting the sections on legal duties for NHS England’s guidance on safeguarding responsibilities across the NHS.
Developing and delivering an innovative pilot scheme for telephone mediation of Court of Protection disputes for the Office of the Public Guardian.
Acting in ‘Re X’ on the streamlined court process, including going to the Court of Appeal, and advising the Ministry of Justice on revised court forms and practice direction.
We provide a package of services for supporting data protection managers. Our DPA breach support services minimise the risk of a data protection breach.
The helpline is staffed by qualified employment solicitors, giving you access to sensible and practical advice.
Even many years after the implementation of the Mental Capacity Act, there is still a long way to go to get it fully embedded in health and social care practice.
In partnership with Nottingham CityCare, we have developed a fixed price end-to-end solution to handle the processing of retrospective Continuing Healthcare claims.
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