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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

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Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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Foot Anstey—five promotions

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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