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  • The interface between the Mental Health Act 1983 and the Mental Capacity Act 2005 has long been heralded as one of the most complex issues in this field.

    In this session, Hannah Taylor (Partner in our Health & Care Regulatory team) was joined by Alex Ruck Keene KC (Hon) from 39 Essex Chambers to consider the key principles and latest case law to help practitioners navigate which framework to use to authorise a person’s deprivation of liberty in a hospital setting.

    Alex represented the charity MIND as an intervener in the appeal of Manchester University Hospitals NHS Foundation Trust v JS & Anor (Schedule 1A Mental Capacity Act 2005) [2023] EWCOP 33 before the Vice President of the Court of Protection Mrs Justice Theis, which has recently considered this tricky topic. He also led on the work of the Independent Review of the Mental Health Act 1983 that looked at the interface between the two regimes.

  • Please be aware that places for this seminar are limited and may get over subscribed.

    Our clients will get priority, but we will endeavour to increase capacity where we can to allow all those who wish to attend a place.

    Where we are heavily oversubscribed we will limit places per organisation.

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