Mental Capacity Act Manual, 8th Edition

The Mental Capacity Act Manual provides clear and precise guidance in the complex and developing subject of legal capacity. This latest edition has now been comprehensively updated, with all the legislation and associated rules annotated by Richard Jones and Eve Piffaretti.

The manual has been a leading text for busy professionals since the assent of the Mental Capacity Act 2005. Here you will find detailed insight and analysis to assist you every step of the way.

New developments covered in the 8th edition include:

Case Law

• N v A CCG [2017] UKSC 22 in which the Supreme Court considered the relationship between resource allocation decisions and best interests, confirming that a decision as to best interests is a choice between available options.
• Re Y [2018] UKSC 46 where the Supreme Court gave definitive guidance on when it is necessary to seek the approval of the court before Clinically Assisted Nutrition and Hydration is withdrawn from a person with prolonged disorder consciousness.
• London Borough of Southwark v KA & Ors [2016] EWCOP 38 where the Court of Protection considered capacity to marry and to consent to sexual relations.
• Re A (A Child) in which the Court of Appeal cautioned against too rigid and mechanistic an approach when using the balance sheet approach to determine best interest of children in medical cases.
• Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3 where the court confirmed the basis for the appointment and remuneration of a deputy and The Friendly Trust's Bulk Application [2016] where the approach to bulk applications was set out.
• In the case of Re RD and Others [2016] EWCOP 49 sets out guidance for the Relevant Person's Representatives and s39 D IMCAs in deciding whether to issue proceedings under section 21A.
• D (A Child) [2017] EWCA where the Court of Appeal considered the extent to which parents are able to consent to the confinement of their incapacitated children in the light of Cheshire West. Also, the linked cases of A Local Authority v SW & Ors [2018] EWHC 576 and A Local Authority v SW & Ors [2018] EWHC 816 considered the consent to confinement in relation to local authorities

Guidance

• Reference to the Office of the Public Guardian Practice Note: Giving gifts: a guide to the legal background for deputies and attorneys.
• Updated guidance from the Chief Coroner on the Deprivation of Liberty Safeguards.
• Reference to the National Institute for Health and Care Excellence pathways guidelines for people with learning disabilities and interim guidance published by the British Medical Association, the Royal College of Physicians and the General Medical Council concerning "Decisions to withdraw clinically–assisted nutrition and hydration from patients in permanent vegetative state or minimally conscious states following sudden onset profound brain injury"

Legislation

• Amendments made to Schedule A1 by sections 48 and 49 of the Children and Social Work Act 2017.
• Inclusion of the Court of Protection Rules 2017 (SI 2017 1035) and reference is made to the new Practice Directions.
• Amendments made to the Court of Protection Fees Order 2007
• Reference to the Mental Capacity (Amendment) Bill which prospectively abolishes the Deprivation of Liberty Safeguards by deleting Mental Capacity Act 2005 (MCA) Schedule A1 and 1A and adds of a new Schedule AA1 modelled on the Law Commission 'Liberty Protection Safeguards'.
• Reference to the Joint Committee on Human Rights reform of Deprivation of Liberty Safeguards report.