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News & resources

News relating to: Mental health and capacity

An image of Rachel Turner, Mental Health and Capacity lawyer at Miles & Partners in London

Not eligible for legal aid in Court of Protection proceedings, what help can you get?

Legal aid is only available in limited cases to bring or respond to proceedings in the Court of Protection. It is always available to people who have been deprived of their liberty and want to challenge this, but in other ...

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04.03.2017

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Free to leave? Can a hospital or care home deprive someone of their liberty?

On occasions, staff in a hospital or care home may believe that it is in the best interests of someone they look after to use physical restraints or medication to control their behaviour or to take steps to prevent them ...

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04.03.2017

An image of Floyd Porter, mental health and capacity lawyer

Floyd Porter appointed as chief assessor to The Law Society’s Mental Capacity Accreditation Scheme

Miles and Partners Solicitors in London are pleased to announce that Floyd Porter, Partner and Joint head of the Mental Health and Capacity department, has been appointed as Chief Assessor to the new Law Society Mental Capacity Welfare Accreditation Scheme, ...

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16.02.2017

An image of Floyd Porter, mental health and capacity lawyer

Avoiding problems with the Court of Protection

Have you ever thought about what would happen if a loved one lost the ability to make decisions for themselves? What if a relative had a stroke or suffered from dementia? Some people will want their loved ones to make ...

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06.12.2016

Leading city lawyers support World Mental Health Day 2016

Rachel Turner, partner and joint head of mental health law at Miles & Partners in London, explains that World Mental Health Day was initiated by the World Federation Health Organisation and is observed each year to raise awareness of mental ...

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10.10.2016

The UK Supreme Court logo

Cheshire West and its impact on mental health and mental capacity lawyers

The Supreme Court gave judgment on 19th March 2014 in two linked appeals:  (1) P v Cheshire West and Chester Council and another; (2) P and Q v Surrey County Council [2014] UKSC 19.  Both appeals were brought by the ...

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05.04.2014

The Law Society welcomes report on Mental Capacity Act concerns

The Law Society today issued a press release welcoming the publication by the House of Lords of a highly critical report on the implementation of the Mental Capacity Act 2005. The report of the specially convened Scrutiny Committee criticises the ...

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13.03.2014

Inside a secret world

The new Court of Protection was set up in 2007 to take important decisions for those who lack the capacity to do so for themselves. These issues include where the patient should live, who should manage their finances and what ...

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26.01.2012

Community Treatment Orders – for whose benefit?

The introduction of the Mental Health Act 2007 in November 2008, brought about significant changes to the Mental Health Act 1983. Of those changes, the key and arguably most significant change was to the provision of mental health treatment in ...

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26.10.2009