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

Expert evidence in the Court of Protection: AMDC v AG [2020] EWCOP 58

Capacity to accept or refuse care, support and education: A Local Authority v GP [2020] EWCOP 56

Assessing capacity to make residence decisions

Looks at the relevant and irrelevant information when it comes to capacity to make residence decisions and how to ensure that someone's capacity to make residence decisions and capacity to make care and treatment decisions aren't assessed in "silos".

Community deprivation of liberty and erring on the side of caution: AB [2020] EWCOP 39

Consideration of third party evidence and carers’ needs under the Care Act 2014: R (JG) v London Borough of Southwark [2020] EWHC 1989 (Admin)

Conditional discharge – navigating the Mental Health Act & Mental Capacity Act interface: MC v Cygnet Behavioural Health Ltd and the Secretary of State for Justice [2020] UKUT 230 (AAC)

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)