0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

mental health, mental capacity and deprivation of liberty hub

The area of mental capacity law and deprivation of liberty is complex and fast moving. We have pulled together the most up to date information and comment on the key cases below, split between - MCA issues; Deprivation of Liberty and Cheshire West; Re X (the streamlined process for court authorisation of deprivation of liberty in the community); and the Liberty Protection Safeguards (LPS).

Newest resources

Mental capacity act resources

The Mental Capacity Act 2005 covers many areas which relate to those who lack capacity to make a decision. In this section we have case law and comment in relation to the MCA.


Independent review of the Mental Health Act: interim report summary webinar - May 2018

In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists.

Mental Capacity and Deprivation of Liberty case law update webinar - May 2018

In this case law update webinar, Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty Safeguards.

Mental Health Act – a new age?

Mental health issues have attracted more public attention and awareness in the last few years. It is in this context that many groups representing service users have been raising concerns for some time that parts of the existing Mental Health Act are out of step with public attitudes and opinion.

Read more >


Back to top >

Deprivation of Liberty and Cheshire West resources

The Supreme Court judgment in Cheshire West in March 2014, a landmark definition of deprivation of liberty, is one of the most important judgments on human rights. It has had led to a fundamental change in how care packages for those who lack capacity to consent to them are perceived and scrutinised, and has a huge impact across health and social care.

Independent review of the Mental Health Act: interim report summary webinar - May 2018

In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists.

 

Mental Capacity and Deprivation of Liberty case law update webinar - May 2018

In this case law update webinar, Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty Safeguards.

Conditional discharge under the MHA and deprivation of liberty

Rebecca talks you through the implications of this judgment; and also briefly discusses the linked case of PJ which relates to community treatment orders under the Mental Health Act.

 

 

Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

Read more >

Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

Read more >

The Liberty Protection Safeguards - huge new responsibility and cost for hospitals, CCGs and care homes

Deprivation of liberty and the application of Deprivation of Liberty Safeguards (DoLS) has been a huge challenge for the health and care sector, especially since the Cheshire West Supreme Court judgment in 2014 (after which DoLS referrals increased from 13,000 to 200,000+ pa, with no increase in resources).

Read more >

The death of DoLS – the 'Liberty Protection Safeguards' are before Parliament now

Defying the cynicism of some the government introduced on Tuesday 3 July, and published on Wednesday 4 July, a draft Bill – the Mental Capacity (Amendment) Bill.

Read more >

 

Back to top >

Re X resources

Re X is the streamlined process created by the President of the Court of Protection to deal with large numbers of applications to authorise deprivation of liberty in the community, outside the scope of DoLS. We hope it will be helpful to pull together here some relevant resources and comment.

Key Re X documents

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.

Back to top >

Liberty Protection Safeguards (LPS)

The care.

Independent review of the Mental Health Act: interim report summary webinar - May 2018

In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists.

 

Mental Capacity and Deprivation of Liberty case law update webinar - May 2018

In this case law update webinar, Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty Safeguards.

Conditional discharge under the MHA and deprivation of liberty

Rebecca talks you through the implications of this judgment; and also briefly discusses the linked case of PJ which relates to community treatment orders under the Mental Health Act.

 

 

Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

Read more >

Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

Read more >

The Liberty Protection Safeguards - huge new responsibility and cost for hospitals, CCGs and care homes

Deprivation of liberty and the application of Deprivation of Liberty Safeguards (DoLS) has been a huge challenge for the health and care sector, especially since the Cheshire West Supreme Court judgment in 2014 (after which DoLS referrals increased from 13,000 to 200,000+ pa, with no increase in resources).

Read more >

The death of DoLS – the 'Liberty Protection Safeguards' are before Parliament now

Defying the cynicism of some the government introduced on Tuesday 3 July, and published on Wednesday 4 July, a draft Bill – the Mental Capacity (Amendment) Bill.

Read more >

 

Back to top >

More videos and legal updates

To view our entire library of videos and legal updates covering all areas of Deprivation of Liberty and the Mental Capacity Act please click here.


mailing list sign up



Select which mailings you would like to receive from us.

Sign up