— Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: is depriving a person of their phone depriving them of their liberty, a reminder that the court is the ultimate arbiter of best interests and an Ombudsman comes belatedly to the rescue; (2) In the Property and Affairs Report: a reminder of the new process for applying for deputyship and how the Powers of Attorney Bill would amend the MCA 2005; (3) In the Practice and Procedure Report: the Vice-President intervenes on s.49 reports and new contempt rules; (4) In the Wider Context Report: Parliamentary consideration of the draft Mental Health Bill, a toolkit for supporting decision-making, and confidentiality and common sense; (5) In the Scotland Report: the Supreme Court dismisses an appeal against assessment for services and an opposed application for guardianship.
Full details available at: https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_129,_February_2023)?id=270223-2159