Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.

Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.

Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.

Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.

Tyla Glover examines recent guidance from the High Court in a bed-blocking case.

Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.

There are some key provisions in the draft Mental Health Bill which are relevant and will have an impact on health and care providers and commissioners, writes Kirsty Stuart.