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60 second brief

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Hear from Ben Troke on the Conway decision - dealing with assisted suicide

Like Diane Pretty and Tony Nicklinson before him, Noel Conway has failed to persuade the courts to change the law on assisted suicide. Even where as a result of disability someone cannot commit suicide without outside help, assisting suicide being a criminal offence is a justifiable interference with his Article 8 rights to private and family life.

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The judgment on N v A CCG - resource allocation decisions and best interests

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.

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Landmark judgment on deprivation of liberty in hospital - Ferreira v Coroner of Inner South London

In Ferreira v Coroner of Inner South London (26 January 2017) the Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment.

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Making decisions

In this video Ben takes a step back to explain what is meant by 'mental capacity' and the decision making process.

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Autonomy and paternalism

Ben explains the balance of respecting autonomy, while protecting those who can’t make decisions and explains how this is captured in the five principles of the Mental Capacity Act.

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The Re X streamlined procedure

Ben explains the streamlined process for court authorisation of deprivation of liberty in the community that was set out by Lord Justice Munby during the case of Re X.

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Collaborative decision making and the role of the next of kin

Ben explains the process when a person lacks capacity, who the decision maker is and their role, as well as the status of the 'next of kin'.

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The protection imperative

Ben explains what the courts have described as the 'protection imperative' and considers some case law examples.

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Training video

Best interests and allocation of resources

Ben Troke clarifies the distinction between a best interest decision and the allocation of resources, considering some examples of case law.

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The definition of deprivation of liberty

Ben explains how we can define what a deprivation of liberty is and the importance of understanding this properly.

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