Elmari Bishop

All posts by Elmari Bishop

The interface between the Mental Health Act 1983 and the Mental Capacity Act 2005

An overview of what to consider when deciding which legislative regime to follow in a hospital or community setting when admission and care or treatment might lead to a deprivation of liberty.

Case law on best interests decisions in relation to contraception, birth and sterilisation

Looks at the type of decisions that often need to be brought before a judge and implications for practice.

Case law on best interests decisions in relation to contact and residence

Looks at the best interests decisions that should be brought before a judge in relation to contact and residence.

Case law on best interests decisions in relation to serious medical treatment

Case law examining situations where the Mental Capacity Act will not provide the authority for a medical treatment decision to be made for someone who lacks the capacity to make the decision themselves.

Case law and capacity to consent to contraception, birth and terminations

Identifying the relevant information when assessing capacity to consent on these decisions which fundamentally interfere with a person's rights to liberty and respect for private and family life.

Case law on best interests decisions in relation to sexual relations and marriage

The most legally complex safeguarding cases include those involving suspicions that a married vulnerable adult may never have had capacity to consent to marriage. This guide looks at implications for practice from case law.

Case law and capacity to consent to sexual relations and marriage

The issue of consent to sexual relations and marriage is often a dilemma for practitioners. Case law provides guidance and this guide looks at implications for practice, including why both situations are "act specific" and not "person specific".

Case law in relation to making best interests decisions

How to include the individual's wishes and feelings when making a best interests decision; use the best interests checklist; and identify when an option perceived as higher risk than another, but is in line with the individual's wishes, is in their best interests.

Making best interests decisions: quick guide

Looks at the key steps behind making a best interests decision on behalf of someone you have assessed as lacking the relevant capacity to make the decision.

Assessing capacity: quick guide

Sets out the principles behind the Mental Capacity Act and the steps that must be taken to ensure you are legally compliant when carrying out a mental capacity assessment.