Capacity law

Landmark case highlights 'legal lacuna' for release of offenders under hospital orders

A first-of-its-kind case in Northern Ireland has highlighted a "legal lacuna" in respect of the release of offenders detained under mental health legislation, lawyers have said.

Published 18 August 2020

Court of Appeal: High Court’s refusal of wardship adjournment set aside

The Court of Appeal has overturned the ruling of then-president of the High Court, Mr Justice Peter Kelly, refusing to adjourn an inquiry into whether a man with a moderate learning disability who wanted to marry should be made a ward of court.

Published 11 August 2020

Protecting liberty 'must be priority' in rolling out capacity law reforms

Protecting the basic human right of liberty "must be a priority" in the roll-out of new capacity law reforms, a conference hosted by the Law Society of Northern Ireland has heard.

Published 10 February 2020

Replacement of ward of court system delayed again due to lack of funding

The replacement of the ward of court system has been delayed again due to a lack of funding, according to reports.

Published 27 January 2020

Senior judge seeks clarity on ward of court placement orders after Brexit

A senior judge has sought clarity from the HSE on whether the legal status of wards of court placed in the UK will change after Brexit.

Published 21 January 2020

Full implementation of new capacity law 'not getting attention it merits'

The full implementation of key capacity law reforms is "not getting the political attention which it merits" more than four years after the legislation was approved, a senior legal academic has warned.

Published 4 December 2019

Patrice O'Keeffe: Supreme Court decision clarifies law on capacity for healthcare providers

Patrice O’Keeffe, partner in healthcare and medical law at Comyn Kelleher Tobin, examines the Supreme Court's decision in AC v HSE.

Published 28 November 2019

More than 1,250 people made wards of court since 2015 capacity law was approved

More than 1,250 people have been made wards of court since legislators approved an overhaul of capacity law which has yet to come into force.

Published 21 November 2019

Mental Health Commission to use 'all powers necessary' to enforce law

The Mental Health Commission has said it will use "all powers necessary" to ensure compliance with the law, following a year-long period of transformation.

Published 22 February 2019