The week in mental health & capacity law: Hayden J restates the capacity to marry test, the AGNI multifactorial test gets its first contested run-out, and what AGNI means for restricted patients: lpslaw.co.uk/news/
lpslaw.co.uk
Neil Allen
@lpslaw.bsky.social
Fascinated by all things mental and legal. Barrister at 39 Essex Chambers and LPS Law: www.lpslaw.co.uk/about/
Re HB [2026] EWCA Civ 960: the Court of Appeal decides that 'autonomy' is an "over-used", elastic concept - a welfare deputy can enhance P's participation, not diminish it. Six features indicating when appointment may be in P's best interests. Details: lpslaw.co.uk/news/
lpslaw.co.uk
Re Patricia [2026] EWCOP 29: Peel J decides that s.28 MCA excludes the Court of Protection from making best interests decisions about s.63 MHA treatment. Challenges to Part 4 treatment decisions lie in judicial review or the HRA, not the COP. Summary: lpslaw.co.uk/news/
lpslaw.co.uk
www.lpslaw.co.uk/lawlive/agni/ Next Friday’s DOL course will be a practical half-day online session on the multifactorial test, worked examples, the borderline cases, valid consent, and how to approach the existing DoLS authorisations, Part 8 and requests.
Supreme Court's decision — Training | LPS Law
Deprivation of liberty training following the Supreme Court's decision. Half-day live course via Zoom with Neil Allen of 39 Essex Chambers.
lpslaw.co.uk
What is a DOL now? Join me to learn amidst the chaos: 9.30am–1pm: 26 June, 10, 17 & 21 July. £75 inc VAT; £950+VAT for up to 30. For BIAs, assessors, AMHPs, DoLS teams and authorisers. Book: lpslaw.co.uk/lawlive/agni/ Subscribed LPS Members get discounts at: lpslaw.co.uk/members/
Supreme Court's decision — Training | LPS Law
Deprivation of liberty training following the Supreme Court's decision. Half-day live course via Zoom with Neil Allen of 39 Essex Chambers.
lpslaw.co.uk
DoLS refresher courses: 26.6.25, 16.7.25, 6.11.25 "That's the best refresher session I have ever done (and I have done a fair few!)" (Stephen Down, MCA & LPS Lead, 2025) Tickets available here: www.eventbrite.co.uk/o/neil-allen... Local authorities: email neil@lpslaw.co.uk for group discounts
Neil Allen
"Neil is a brilliant advocate who is able to deal with complex matters very easily... He is great with clients and colleagues alike." Chambers & Partners 2023“An unflappable and incredibly…
eventbrite.co.uk
🚨 Need to reduce your DoLS backlogs? Read our new DoLS Equivalent Assessment Guidance Note which I'll be talking about it at the DoLS authoriser course: 📅 4 July 2025 9.30am-1pm Book your place now 👉 www.eventbrite.co.uk/e/dols-autho... Or 📧 contact: neil@lpslaw.co.uk for an invoice
Latest CQC's report on monitoring the Mental Health Act for the year 2023-2024: www.cqc.org.uk/publications... “We remain concerned that clinicians may not always be considering where the MHA can be used when the DoLS framework is not appropriate and where the patient is objecting.."
Monitoring the Mental Health Act in 2023/24 - Care Quality Commission
Monitoring the Mental Health Act is our annual report on the use of the Mental Health Act 1983 (MHA).
cqc.org.uk
'Ending coercion in mental health care, 12-13 June 2025, Colchester': this year's Summer School looks great and registration is now open -
Summer School 2025 | Centre For Investigating Contemporary Social Ills
How can we effect change so as to end coercion in mental health settings and transform the social context of distress? Explore this at the two-day 3rd CICSI Summer School, taught by a leading experts…
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Back by popular demand: MCA 2005 Necessity and Proportionality Online Training - 9.30-12.30pm on 5 March 2025. Tickets available here:
MCA 2005 Necessity and Proportionality Training
Do you know how to determine whether care arrangements are necessary and proportionate to the risk of harm under the MCA 2005?
buff.ly
Important and helpful judicial clarity on the clinical concept of “insight” and the legal concept of “capacity”: CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) (12 February 2025)
[New search] [Printable PDF version] [Help] This judgment…
[New search] [Printable PDF version] [Help] This judgment was delivered in public but a transparency order dated 4 February 2025 is in force. The judge has given leave for this version of the…
buff.ly
Personal plea for legal clarity: please can we stop referring to “decisional capacity” and “executive capacity” in SARs, coroner’s reports etc. If someone cannot “use”, or perhaps “retain”, information at the material time, refer to that instead as per MCA 2005. Thanks!
Why not treat yourself for Christmas and spend a day with me 🎅🏽😂; you’ll get a 6-hour certificate in return: https://buff.ly/49OEBCA