Court of Protection orders for section 49 reports reined in at last? By Paul McGough, , Section 49 of the Mental Capacity Act 2005 gives the Court of Protection the power to order a…
New rules on use of force in mental health units - are you ready? By Gill Weatherill, Sarah Woods, Paul McGough From 31 March 2022, new statutory obligations aimed at preventing inappropriate use of force will…
Replacing the DoLS regime - End in sight? By Paul McGough, Gill Weatherill, Sarah Woods The long road to replacing the current Deprivation of Liberty Safeguards (DoLS) has just passed…
Where to draw the line between protecting the vulnerable and respecting their autonomy? Developing role of the court’s inherent jurisdiction By Gill Weatherill, Paul McGough, Those with an interest in the reach and extent of safeguarding responsibilities may already be…
MCA Breaches: Paying the Price? By Gill Weatherill, Paul McGough, Sarah Woods Not following Mental Capacity Act (MCA) requirements can amount to false imprisonment giving rise…
Use of Force in Mental Health Units - Impact of New Legislation? By Gill Weatherill, Sarah Woods, Paul McGough With the push to minimise use of patient restraint in the mental health context remaining high on…
New, wide-ranging guidance on CANH decisions: what do you need to know? By Gill Weatherill, Sarah Woods, Paul McGough DAC Beachcroft explore how all clinicians, NHS Trusts, CCGs and independent healthcare providers…
Latest on when to go to court in 'no dispute' treatment cases By Gill Weatherill, Paul McGough Although the Supreme Court decided earlier this year in 'Y' that it is not mandatory to seek court…
Costs in the Court of Protection: A Cautionary Tale (London Borough of Lambeth v MCS and another) By Paul McGough The Court of Protection has heavily criticised and ordered costs against a local authority and CCG…
Key changes from the new CHC framework By Paul McGough, Gill Weatherill, Sarah Woods The new CHC national framework came into effect from 1 October…
Replacing the DoLS regime: Another step closer? By Gill Weatherill, Paul McGough The push to replace the existing deprivation of liberty safeguards (DoLS) regime has recently taken…
Changes to NHS Continuing Healthcare Framework: Is your CCG ready? By Gill Weatherill, Paul McGough As of 1 October 2018, the national framework which sets out how decisions are made about NHS…
New interim guidance on CANH withdrawal By Gill Weatherill, Paul McGough, Sarah Woods Summary Following a flurry of recent court decisions, the British Medical Association, General…
Observing religious practices for those lacking capacity By Gill Weatherill, Paul McGough The extent to which religious practices should be observed for adults lacking capacity can give…
Court of Protection Case Management and Section 49 Reports Pilots – Practical Impact By Paul McGough From 1 September 2016 onwards, Court of Protection cases (excluding serious medical treatment,…