19/10/16 (1): First edition of the International Journal of Mental Health and Capacity Law (October 2016). The articles in this edition are: — Seismic Shifts: reconfiguring 'capacity' in law and the challenges of Article 12 of the United Nations Convention on the Rights of Persons with Disability (Rosalind F Croucher) — With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions (Alex Ruck Keene, Adrian D Ward) — When is a Voluntary Patient not a Voluntary Patient? An examination of the degree to which the Irish courts have sought to engage with the jurisprudence of the European Court of Human Rights, in relation to the treatment and detention of voluntary or 'informal' patients (Hope Davidson) — Can the use of the Mental Health Act be the 'least restrictive' approach for psychiatric in-patients? (Beth Ranjit) — No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016 (Colin Harper, Gavin Davidson, Roy McClelland). See International Journal of Mental Health and Capacity Law
12/10/16 (2): After-care case.Richards v Worcestershire County Council (2016) EWHC 1954 (Ch), (2016) MHLO 43 — "The present proceedings were issued on 6 March 2015. They seek to recover sums totalling £644,645.87, which, it is said, were spent by Mr Richards' deputy on his behalf on providing him with care. The claim is based on section 117 of the 1983 Act. It is Mr Richards' case that section 117 applied when he was released from hospital in 2004 and that, accordingly, the defendants had a duty to provide him with after-care services. He contends that that duty extended to the provision of the various services which have thus far been paid for privately. ... There are essentially two issues to consider: (i) Is it in principle possible for Mr Richards to bring a restitutionary claim? (ii) If so, can the present claim be pursued otherwise than by way of judicial review?"