In essence Cheshire West was laid to rest. The true nature of Article 5 - hand in hand with the 1966 Practice Statement - meant a return to the past. No bad thing. The interpretation of the MCA and it’s Code of Practice will be changed so much, they they will have to be revised considerably.

I agree that there’ll need to be updates and new guidance, but the MCA code and the DOLS supplement were written well before Cheshire West, so if anything they’ll be back in vogue. My favourite judges in this area have always been DJ Eldergill and Mostyn J (also Lieven J recently). I’m sure they’ll…

What i said to a colleague was - We (the majority of health and social care) have ultimately been asleep at the wheel in meeting our responsibilities under the Care Act, Mental Capacity Act and ECHR, for example, and relying on DoL to make us do what we should already be doing! As the judges rightly…

MHLO Forum

Reflections on AGNI decision

Law and practice Mental Capacity Act

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