Neil AllenLPS

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Guidance on the rule 1.2 representative role

In Re VE [2015] EWCOP 16, Charles J provided a useful explanatory note for family members or friends acting as a rule 3A (now rule 1.2) representative.

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Assessing Capacity


This guidance by 39 Essex Chambers provides a detailed summary of the relevant law for assessing capacity.

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Best interests


This guidance by 39 Essex Chambers provides a detailed summary of the relevant law for determining what is in the best interests for someone who unable to decide.

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ADASS Promoting Less Restrictive Practice

This tool produced by the Directors of Adult Social Services is really useful in identifying measures that affect the person's liberty (for the purposes of the acid test) and for considering whether those measures are necessary and proportionate to the risks.

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DNARs

This jointly agreed guidance assists practitioners with regards to whether a person is/not resuscitated and incorporates the relevant case law.

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Sexual capacity

This super resource from the British Psychological Society sets out the relevant law and helpful guidance on issues relating to capacity to consent to sexual relations.



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Guidance on Conditional Discharges

HM Prison and Probation Service have provided guidance on discharge conditions that amount to a deprivation of liberty.

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Make full use of the fabulous Court of Protection Handbook website:

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