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17 April 2014 / Beverley Taylor , Sophy Miles
Issue: 7603 / Categories: Features , Mental health
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Capacity in crisis?

Sophy Miles & Beverley Taylor highlight the problems stemming from the Mental Capacity Act 2005

The House of Lords Select Committee on the Mental Capacity Act has recently condemned the failure to implement a “visionary” piece of legislation which “had the potential to transform the lives of many”. In a stinging report, the committee described one part of the legislation, the controversial deprivation of liberty safeguards (DOLS), as unfit for purpose.

The committee described its work as “shining a light” on an area of public policy which might otherwise have been neglected. At the start of its work it was told by officials from the Ministry of Justice and the Department of Health that the Mental Capacity Act 2005 (MCA 2005) was “a success”. As the evidence emerged it became clear that this assessment was over-optimistic. By the concluding sessions the minister of state for care and support, Norman Lamb, had accepted that the implementation and understanding of the Act was a “work in progress”. The government has established a Mental Capacity

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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