Tim Spencer-Lane Tim Spencer-Lane

Tim is a lawyer who specialises in mental capacity, mental health and social care law, legal editor at Community Care Inform and senior lecturer at Kingston University. At the Law Commission he led the reviews of adult social care, health and social care professional regulation and the deprivation of liberty safeguards. He is currently on a secondment to the Government Legal Department (DHSC) where he is working primarily on implementing the Mental Capacity (Amendment) Act 2019.

All posts by Tim Spencer-Lane

Capacity, alcohol misuse and unwise decisions: London Borough of Tower Hamlets v PB [2020] EWCOP 34

Capacity assessments, care and residence, and “silos”: London Borough of Tower Hamlets v A [2020] EWCOP 21

Section 117 – the new approach to ordinary residence: quick guide

Explains five controversial decisions by the Department of Health and Social Care which adopt a radically different approach to determining ordinary residence for the purposes of section 117 of the Mental Health Act and the implications for local authorities.

Meeting urgent care and support needs: R (Raja and Hussain) v London Borough of Redbridge [2020] EWHC 1456 (Admin)

Capacity to consent to sexual relations and capacity to engage in sexual activity: A Local Authority v JB [2020] EWCA Civ 735

Testing for Covid-19 and mental capacity: quick guide

Guidance on the legal position in relation to testing for Covid-19 when the person in question lacks the mental capacity to consent to a test or has capacity but refuses to be tested.

Injunctions in the Court of Protection: Re SF (Injunctive relief) [2020] EWCOP 19

The right to die at home with family: VE v AO [2020] EWCOP 23

Capacity, contact and sexual relations: Re SF [2020] EWCOP 15

Covid-19 and enforced discharge from hospital: University College London Hospitals NHS Foundation Trust v MB [2020] EWHC 882 (QB)