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23 October 2014 / Tim Spencer-Lane
Issue: 7627 / Categories: Features , Mental health
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Mind over matter

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Tim Spencer-Lane reports on a ground-breaking Mental Health Bill

In England and Wales, as in most jurisdictions, the non-consensual care and treatment of those with mental health problems is governed largely by two parallel legal schemes. The Mental Health Act 1983 (MHA 1983) provides for the care and treatment of those suffering from “mental disorder”, irrespective of whether they have capacity or not, while the Mental Capacity Act 2005 applies only to those who lack capacity and enables care and treatment for mental and physical health conditions.

NI proposals

However, in Northern Ireland radical new proposals have been published to fuse together mental health and mental capacity law into a single legislative framework. The draft Mental Capacity Bill, if implemented, would mean that for the first time anywhere, there would be a single statute governing all decision-making in relation to the care, treatment (for a physical or mental illness) or personal welfare of a person aged 16 or over, who lacks capacity to make a specific decision. This would mean that the current Mental

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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