It’s a pleasure to host this carefully argued guest post by solicitor and social worker Allan Norman on two important Court of Protection rulings on the ‘right to die’. Allan takes up issues around the presumption of capacity, personal autonomy, quality v quantity of life, and the controversial question of whether resources should have a…
I’m really delighted to host this guest blog by Allan Norman, Principal Social Worker & Solicitor at Celtic Knot (www.celticknot.org.uk), an independent law firm and social work practice. Allan’s post explores how very different real life outcomes can follow a capacity assessment where a person might make an unwise decision, and asks whether we would…
This guest post is by Allan Norman, a trained social worker and lawyer, who writes and tweets as Celtic Knot. I have been following Charlie Gard’s case with interest and sadness. I am pleased that Allan asked me to post his reflections on this case as it resonates with concerns I share about the use of ‘best…
Here’s a challenge for you. Is it possible to re-imagine the way we ‘do’ capacity under the Mental Capacity Act 2005 (MCA)? In the years to come, as we confront the challenges posed by the United Nations Convention on the Rights of Persons with Disabilities (CRPD), we will surely have to undertake this task as…
During the consultations which preceded the deprivation of liberty safeguards (DoLS), many respondents stressed that clear guidance on the meaning of ‘deprivation of liberty’ would be essential for the DoLS to operate effectively, including: Bupa Care Homes, the Commission for Social Care Inspection, the Mental Health Lawyers Association and the Mental Capacity Lawyers Association, the…
[Update 01/08/2012: Neil Crowther drew to my attention that a subsequent case relating to housing benefit, Burnip v Birmingham City Council & Anor (Rev 1), rejected the approach of the court in NM v Islington towards the CRPD, discussed below. In Burnip the court held that the CRPD was a legally binding treaty, and if there…
It’s been a busy week in adult social care, and I’m struggling to keep up – so I’ve selected a few issues that have caught my eye and offered links and comments. Personaliation and Resource Allocation Systems I’ve been bowled over by the response to last week’s blog post on personalisation and Resource Allocation Systems.…
This post is the second in a series of three posts on the lawful use of restraint, and its relationship to deprivation of liberty. It relates to the rulings in C v A Local Authority (2011) (Re C) and Cheshire West and Chester Council v P (2011) (Re P). The first post was on the importance of recognising restraint…
The Small Places 