Neil AllenLPS

Kindling the deep down

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Reminiscent of his decision on behalf of Manuela Sykes, DJ Eldergill has once again illustrated the aim of best interests decision-making: to try to reach the decision that the person would have made for themselves if they still had capacity to make it.

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Worcestershire explained



This Court of Appeal decision significantly changes which local authority is responsible for meeting a person's after-care needs under MHA 1983 s.117 where they move out of area.

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Teasing the easing of the Care Act 2014: Transparent legal protection or hidden unmet need?

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Did the minority of local authorities ease their statutory duties unnecessarily? Or did the vast majority breach theirs? Our research into co-resident carers of someone living with dementia reveals endemic legal uncertainty during the pandemic social care crisis.

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Initial thoughts on modernising the MHA

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After over two years, the government has now set out its full response to the Independent Review led by Sir Simon Wessely, as well as a public consultation on its proposals which ends on 21 April 2021. The vast majority (but not all) of the Review’s 154 recommendations have either been accepted or at least in principle. This blog provides a summary and some early analysis to inform the response.

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DOLS Firefighting amidst COVID-19

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Probably just an oversight, but the Coronavirus Act 2020 made no mention of the emergency measures required to ensure those detained under the Mental Capacity Act 2005 are adequately safeguarded.

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February 2022
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