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This guidance has been provided by the Chief Coroner in relation to persons who have died at a time when they are deprived of their liberty under the Mental Capacity Act 2005.

Changes to the definition of ‘state detention’ bring patients deprived of their liberty under the Mental Capacity Act 2005 out of the scope of deaths which coroners have a duty to investigate.

A report has been published by the Law Commission recommending a replacement scheme for the current Deprivation of Liberty Safeguards with the aim of providing greater protection for a person who is deprived of their liberty.

The relationship between Calderbank offers and part 36 offers in the Court of Protection, and the exercising of the Court of Protection’s jurisdiction in relation to costs, have been under scrutiny in the Court of Protection recently.

This case decided upon whether issues of serious medical treatment under the Deprivation of Liberty Safeguards could be dealt with by the Court of Protection in proceedings brought under Section 21A of the Mental Capacity Act 2005.

In August 2016 the Employment Appeal Tribunal heard a case about reasonable adjustments position and how far an employer must go to make reasonable adjustments for a disabled employee. In this case, the primary aspect was salary adjustment.

The Employment Appeals Tribunal (EAT) have recently looked at how far human resources staff should go in advising managers about disciplinary decisions in Ramphal v Department for Transport UKEAT/0352/14.

SRK was severely injured in a road traffic accident and the effects of those injuries meant that SRK lacked capacity to make decisions about the care, treatment and support he should receive. SRK was awarded substantial damages that were paid to his property and affairs deputy (as he lacked capacity to manage his own property and affairs), being Irwin Mitchell Trust Corporation.

The issue of sickness absence has been the focus of a recent case in the Employment Appeal Tribunal, and the notion of ‘pulling a sickie’ was at the centre of the case.

The Law Commission have published an interim statement concerning the consultation on deprivation of liberty. The consultation paper had set out a new scheme (‘protective care’) to replace the Deprivation of Liberty Safeguards (DoLS).