Tim Spencer-Lane Tim Spencer-Lane

Tim is a lawyer who specialises in mental capacity, mental health and social care law. 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 the Mental Capacity (Amendment) Bill.

All posts by Tim Spencer-Lane

Capacity and sexual relations: London Borough of Tower Hamlets v NB and AU [2019] EWCOP 27

Fluctuating capacity and the law: quick guide

Conducting mental capacity assessments when someone has fluctuating capacity can be very difficult. This quick guide looks at case law and what it tells practitioners about assessing someone with fluctuating capacity.

Termination of pregnancy and best interests: Re AB [2019] EWCA Civ 1215

Appointment of personal welfare deputies: Re Lawson, Mottram and Hopton [2019] EWCOP 22

Deprivation of liberty in hospital settings: quick guide

Explains how to identify when the level and intensity of restraint used in a hospital amounts to a deprivation of liberty.

The Liberty Protection Safeguards: quick guide

Explains how the Liberty Protection Safeguards will differ from the Deprivation of Liberty Safeguards.

The inherent jurisdiction of the High Court and vulnerable adults

What the inherent jurisdiction is and what it can and cannot do, in relation to safeguarding vulnerable adults, what makes an adult 'vulnerable' and what to think about when making an application under the inherent jurisdiction. The guide includes summaries and analyses of key case law.

Capacity to use online and social media: Re A EWCOP 2, Re B EWCOP 3 and B v A Local Authority EWCA Civ 913 [all 2019]

Deprivation of liberty under the Mental Health Act: Secretary of State for Justice v MM and Welsh Ministers v PJ [2018]

Dementia and the Deprivation of Liberty Safeguards: quick guide

DoLS are used most often to protect older people. This quick guide looks at why DoLS are relevant to people with dementia.