Capacity Law

There have been no convictions under Northern Ireland's "ground-breaking" mental capacity laws nearly two years after they were brought into effect. The Mental Capacity Act (NI) 2016 fuses together mental capacity and mental health law for those aged 16 and over within a single piece of legislation,

A draft policy on the use of restrictive practices, restraint and seclusion in health and social care settings has gone out to consultation. The 91-page draft document aims to minimise the use of restrictive practices and has been drawn up in conjunction with both service users and health profession

A 200-year-old law preventing wards of court from marrying has been repealed following a legal challenge. The Marriage of Lunatics Act 1811 was repealed on Monday through the commencement of section 7(1) of the Assisted Decision-Making (Capacity) Act 2015.

The Supreme Court has issued a "very significant" ruling in a case focusing on the medical treatment of an 11-year-old boy who suffered life-changing neurological injuries, Ireland's human rights watchdog has said. The Irish Human Rights and Equality Commission exercised its amicus curiae function i

People detained under the Mental Health Act 1983 will benefit from landmark reforms providing them with more control over their care and treatment, the UK government has announced. Ministers have published their plans to reform the 1983 Act following an independent review in 2018. A draft Menta

A man with an intellectual disability has gone to the High Court to challenge laws preventing him from marrying. The man, known only as V, was prevented from marrying his fiancée last year following an application to the High Court to have him made a ward of court.

The High Court has held that a ward is not entitled to a costs order against the Health Service Executive (HSE). Background

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. Belfast-based Higgins Hollywood Deazley (HHD) Solicitors is involved in a case concerning an offender who was dealt with b

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. Background

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. The Elder Law and Capacity Conference in Belfast brought together representatives from the legal, health and voluntary/c

The replacement of the ward of court system has been delayed again due to a lack of funding, according to reports. The Assisted Decision-Making (Capacity) Act 2015 established the Decision Support Service (DSS) within the Mental Health Commission (MHC), but it has not yet begun operating.

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. Mr Justice Peter Kelly, president of the High Court, said during a hearing yesterday that it would be "disastrous" if placement orders lapsed after 31 January, The

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. Professor Mary Donnelly made the remarks ahead of a UCC School of Law conference aimed at preparin

Patrice O’Keeffe, partner in healthcare and medical law at Comyn Kelleher Tobin, examines the Supreme Court's decision in AC v HSE. A recent Supreme Court decision has provided helpful clarification and guidance to healthcare providers when managing patients who do not have capacity in circums

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. The Assisted Decision-Making (Capacity) Act 2015 aims to provide a modern statutory framework to support decision-making by adults with capacity difficulties,