Human rights and the Coronavirus Act 2020

If you haven’t seen it yet, the Joint Committee on Human Rights has published a report exploring the human rights implications of the Coronavirus Act 2020 and its available here. It makes for interesting reading, and if you are the kind of nerd I am, then I do encourage you to read it. If not,Continue reading “Human rights and the Coronavirus Act 2020”

Revised MCA covid-19 guidance published

Last week, the government published its updated guidance on application on the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards during the pandemic. I read this over the weekend (no, I don’t have anything better to do!). If you haven’t seen it yet, it’s here. It doesn’t look to me like a huge amountContinue reading “Revised MCA covid-19 guidance published”

Social care and health care joint working arrangements – what can go wrong

This post discusses a case example from my practice, suitably anonymised, where the local authority and NHS Clinical Commissioning Group should be working together to support a hospital discharge for an incapacitated adult, but that, to date, hasn’t quite worked out. Safety warning: I do work for the local authority here, so I’ll try toContinue reading “Social care and health care joint working arrangements – what can go wrong”

Spot the difference: The need for precision in capacity assessments

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”

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”