- Deprivation of liberty—issues of capacity and conditions
- Original news
- What were the key issues raised at this appeal?
- What did the Court of Appeal decide? And to what extent is the judgment helpful in clarifying the law in this area—especially in relation to the nature and extent of the powers of the First-tier Tribunal and the Mental Health Review Tribunal for Wales?
- Are there any grey areas or unresolved issues remaining that practitioners should watch out for?
- What are the practical implications of these cases?
- What are the main takeaway points for practitioners?
- Does this case highlight any common challenges involved in deprivation of liberty cases?
Local Government analysis: Joanna Corbett-Simmons, associate in the litigation & dispute resolution team at Blake Morgan LLP, and Professor Richard Jones, consultant with the firm, suggest that the Court of Appeal’s judgment in MM and PJ renders redundant some of the recommendations in the Law Commission’s report on mental capacity and deprivation of liberty, particularly those that relate to the interface between the Mental Health Act 1983 (MeHA 1983) and the Mental Capacity Act 2005 (MCA 2005).
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