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Mental Capacity Act Manual

Mental Capacity Act Manual
8th Edition
Practice Area:  Mental Health
ISBN:  9780414067868
Published by:  Sweet & Maxwell
Publication Date:  24 Oct 2018
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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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on when it is necessary to seek the approval of the court before Clinically Assisted Nutrition and Hydration is withdrawn from a person with prolonged disorder consciousness.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

  • 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"


  • 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.

About the authors
Richard Jones is a highly respected authority on mental health law. He is the author of various publications including the Mental Health Act Manual and is a General Editor of the Encyclopedia of Social Services and Child Care Law. In addition, he is a consultant on mental health and community law at Blake Morgan LLP and was a member of the Department of Health’s Advisory Group on the implementation of the Mental Health Act 2007.         

Eve Piffaretti heads Blake Morgan’s Commercial team in Wales and the Public Law Group. She acts for public sector organisations across the UK advising on public law and regulatory issues. Eve specialises in statutory interpretation, freedom of information, equality & human rights, safeguarding, mental health and mental capacity law. She is also a General Editor of the Encyclopedia of Social Services and Child Care Law.

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  • Mental Capacity Act 2005

  • The Deprivation of Liberty Safeguards

  • Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
  • Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
  • Public Guardian (Fees, etc) Regulations 2007
  • Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008
  • Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008  

  • Practice and Procedure
  •     Court of Protection Rules 2007
  •     Court of Protection Fees Order 2007

  • Government Guidance
  • Deprivation of liberty safeguards: Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice.

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