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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 Law Commission proposals.

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.

We recorded a series of short videos covering a range of Mental Capacity Act related topics including:


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 or CTOs under the MHA and Deprivation of Liberty

At long last we have the judgment of the Court of Appeal in the cases of MM and PJ.

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'Deaths under DoLS' – inquests no longer mandatory from 3 April 2017

From 3 April 2017, the Policing and Crime Act 2017 comes into effect to amend the Coroners and Justice Act 2009 and relieve coroners of the current duty to hold an inquest into every death where the deceased was subject to a Deprivation of Liberty Safeguards (DoLS) authorisation or was deprived of their liberty through provisions in the Mental Capacity Act 2005.

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Law Commission's proposed reforms to deprivation of liberty laws

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.

Read more >


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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.

We recorded a series of short videos covering a range of deprivation of liberty related topics including:


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.

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.

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Mental health and capacity update - February 2018

There are two significant new cases to mention, since our last newsletter, and a consultation: Re KT, A-F (Children) and reform of Deprivation of Liberty Safeguard.

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'Teen Bournewood' - the law on Deprivation of Liberty for 16 and 17 year olds changes again - for now…

On Wednesday 1 November 2017 a Court of Appeal judgment has changed the law on deprivation of liberty for 16 and 17 year olds - again.

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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.

We recorded a series of short videos covering a range of deprivation of liberty related topics including the Re X streamlined process and have developed a range of ways in which we can help, for a fixed fee, to give you costs certainty.

Key Re X documents

Mental capacity and deprivation of liberty case law update - April 2017

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. Ben Troke summarises and considers the impact of this judgment, gives advice on putting the decision into practice, and takes a look at other recent case law.

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.

Court of Protection case law update

JM and others – the ‘un-befriended’ in the community deprivation of liberty Re X process [2016]EWCOP 15.

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Deprivation of liberty for 16 / 17 year olds, (bottomless?) resources and (endless?) state imputability

The latest judgment on deprivation of liberty and the limits of parental consent has a loud and clear message about principle over resource.

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Re X - what next?

Charles J has essentially backed LJ’s Munby’s streamlined, paper based ‘Re X’ approach to the community deprivation of liberty cases.

Read more >


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Law Commission resources

On 13 March 2017, the Law Commission published its final proposals for reform of the law on mental capacity and deprivation of liberty. Read our initial summary here.

Key Mental Capacity and Deprivation of Liberty reform documents


LiPS service? or real reform, soon…?

The Government has promised to implement, virtually in full, the Law Commission proposals for reform of the law on deprivation of liberty and the Mental Capacity Act. But when will it happen?

The Law Commission Report webinar - April 2017

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.

Law Commission's proposed reforms to deprivation of liberty laws

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.

Read more >

Deprivation of liberty reforms restricted – the Law Commission 'interim statement'

There is little dispute that the law on deprivation of liberty (DoL) is in urgent need of reform, and the Law Commission reaffirm in this document, published 25 May 2016, that “legislative change is the only satisfactory solution”.

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Deprivation of liberty reform – where next?

After a fairly lukewarm official response from the government to the Law Commission’s proposals, health and social care providers can take little comfort that the much needed overhaul to relieve the confusion and pressure will come any time soon.

Read more >


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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.


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