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.

Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.

Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.

Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.

Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.

Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.

The Court of Appeal has found that there is no requirement for “belief” in the Mental Capacity Act functional test. Katie Viggers examines the ruling.

The Upper Tribunal has, for the first time, provided detailed guidance as to the approach the First-tier Tribunal (Special Educational Needs and Disability) (“the FtT”) should take when considering whether to make recommendations as to health and social care needs/provision in Education, Health and Care Plans (“EHC Plans”). Mark Greaves looks at the key points.

How far can the Court of Protection go to ensure its orders are complied with? Alex Ruck Keene KC (Hon) examines a recent ruling.

Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.

Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection.

Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.

Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.

Lauren Gardner sets out the key differences between the Mental Health Act 1989 and Mental Capacity Act 2005, and explains when they should be used to authorise a deprivation of liberty.

His Honour Judge Burrows recently addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time. Alex Ruck Keene KC (Hon) analyses the ruling.

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.

Is Wales striking out alone on mental health reform? Alex Ruck Keene KC (Hon) looks at recent developments.