Let’s talk about court process – bonus: remote hearings

It occurred to me, helping one of my social workers prepare for a video hearing today, how little information about what actually happens in a remote hearing is available to anyone not ‘in the know’ with the court. So I thought I would add my thoughts, in the hope it might help some of you.Continue reading “Let’s talk about court process – bonus: remote hearings”

A massive relief when training goes to plan

Today I delivered some virtual training on analytical thinking as a practice skill for Best Interests Assessors and practitioners more generally for a lovely group of our in-house BIAs. This was the brain child of our DoLS manager and I and had been causing me no small amount of concern. Because I’ve never delivered skillsContinue reading “A massive relief when training goes to plan”

Let’s talk about court processes: part 4 – concluding proceedings

The, rather delayed, final post in my series on Court of Protection processes looking at the conclusion of proceedings.

LPS implementation delayed – I hate to say I told you so…

For any of you that missed it, it has been announced today that the Mental Capacity (Amendment) Act 2019 will not be implemented until April 2022. If you’ve read my previous post about all of the work local authorities still need to do to be ready for the implementation, you’ll not be surprised. If youContinue reading “LPS implementation delayed – I hate to say I told you so…”

Let’s talk about court process: part 3 – hearings

In case you missed them, parts 1 and 2 of my posts about court process follow the same case study and you might want to go back to follow the story through. But now we get to the juicy bit that most people want to know about: court hearings. Don’t get too excited though, orContinue reading “Let’s talk about court process: part 3 – hearings”

Ordinary residence downloadable guide

As promised, I am sharing an ordinary residence ‘cheat sheet’ that I referred to in my earlier posts. I am doing this at your request, and to help you all out. I am sure none of you lovely people would dream of trying to take credit for someone else’s work. But just in case, hereContinue reading “Ordinary residence downloadable guide”

Ordinary residence: an introduction

No witty title for this one I am afraid. Instead I am going to get right to the point because this is a concept that many practitioners struggle with. It is also a big growth area in my work now that budget cuts are requiring increased scrutiny of every funding decision and allocation of resources.Continue reading “Ordinary residence: an introduction”

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”