I wrote previously about the importance of evidence and not making assumptions here. It’s something I have been thinking about again, in the context of some work I was involved with over the last few weeks. Because I was involved with 2 cases with very different facts, but raising a central issue around assessing capacityContinue reading “Spot the difference: The need for precision in capacity assessments”
Tag Archives: law
Best interests and coronavirus testing
I am going to start this post by saying that I have read the very useful note by 39 Essex Chambers on this point. I am certainly not naive enough to think that I know better than they do how the principles apply. But I did think it might help to look at some ofContinue reading “Best interests and coronavirus testing”
Burn out, fatigue and a hypothetical fresh start
It may (or may not) surprise you to learn that whilst a large number of people study law each year, a fairly small proportion of those people actually have careers in law. And an even smaller proportion actually end up as qualified solicitors or barristers, but it’s true. Using just my own experience, I wouldContinue reading “Burn out, fatigue and a hypothetical fresh start”
A day in the life of: lawyer in lockdown
Like many organisations, we are still working from home as much as possible. Our legal team have been told that we should expect to be one of the last to return to the office because we are doing ‘so well’ from home. Now I would dispute that analysis, given how fragmented the team has become,Continue reading “A day in the life of: lawyer in lockdown”
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”
When everything hinges on a capacity assessment
I want to talk to you today about an issue that I am coming up against more and more at the moment in my day to day practice. Let’s refer to it as the ‘unco-operative patient’ issue. I am finding this to be a particular issue in personality disorder cases, where mental illness and personalityContinue reading “When everything hinges on a capacity assessment”
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”
Sometimes the pieces don’t fit together
I started off with high hopes for today. I set myself a manageable list of tasks and intended to finish early and recalibrate myself after a fairly jarring return to the office. How foolish was I? And instead I am left feeling utterly deflated and quite demoralised, having spent most of my day trying toContinue reading “Sometimes the pieces don’t fit together”
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…”