Let’s talk about court processes: part 1 – making the application

The headline from my series on court process is that the court of protection is not like the courts you see in TV dramas. As a side note, in my career I’ve not seen much evidence that any real court is much like the ones we see on TV but this is especially true forContinue reading “Let’s talk about court processes: part 1 – making the application”

Case study: an update

It seems a few of you have been reading my case study about the difficulties of enforcing the social distancing guidance and regulations. It’s testament to how little guidance there is on this issue that my little blog is getting so many hits. I’m grateful and mildly intimidated. So I thought I would provide youContinue reading “Case study: an update”

Case study: a question with no clear answer

When I started this blog, I said I would provide you with case studies and practical examples of how social care law works in practice. I had in mind a few of my interesting Court cases when I first mused on this point. But then today happened. One of my philosophies for working as anContinue reading “Case study: a question with no clear answer”

Some more guidance for you

I could post here about the Court of Protection guidance, but since Alex Ruck-Keane has already shared it, I am just going to direct you to his post, in case you haven’t seen it: https://www.mentalcapacitylawandpolicy.org.uk/covid-19-court-of-protection-guidance/ He has also written about the available guidance on COVID-19 and the Mental Capacity Act 2005 here: https://www.mentalcapacitylawandpolicy.org.uk/covid-19-and-mca-first-guidance-out/ I haveContinue reading “Some more guidance for you”

Quick mini update

I am pleased to report that my authority has upgraded its systems in light of COVID-19 and so the whole thing shouldn’t collapse when we all start working from home. My team have been advised to work from home as much as we can, but our offices remain open and we will all be droppingContinue reading “Quick mini update”

Evidence or assumption?

A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”

Section 21A challenges: Trust me, it really isn’t personal

Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”

The (practical) limits of the Court of Protection

The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”