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Clinical decisions – available options or best interests?
In a judgment handed down on 3rd March, Townsend v Epsom & St Helier NHS Trust [2026] EWCA Civ 195, the Court of Appeal considered whether or not a ‘clinical decision’ not to continue life sustaining medical treatment was a decision subject to best interests considerations (and thus also subject to the ‘supervision’ of the Court of Protection).
Changes from the Mental Health Act 2025 coming in February 2026
The Mental Health Act 2025 received Royal Assent on 18 December 2025 amending the 1983 Act. A few administrative provisions are already in force and the first substantive changes will come in on 18 February 2026. This article will focus on those imminent changes.
The Mental Health Act 2025 – the current position at a glance
The Mental Health Act 2025 has now been passed into law, amending legislation, and effectively changes key provisions of the Mental Health Act 1983.
Webinar: All things Court of Protection for social care providers
In this session, Helen Claridge explains when and why providers are drawn into Court of Protection proceedings, what’s expected of you, and how to respond confidently while keeping the focus on the person’s best interests.
Top tips for managing vexatious families
Helen Claridge looks at the increase in cases where tensions between care providers and the families of service users are escalating to disputes and even placement failures and offeres tips for managing these difficult situations.
Liberty Protection Safeguards delayed “beyond the life of this Parliament”
The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.
Social Care Newsbrief autumn 2021
Read the autumn 2021 Social Care Newsbrief.
Getting ready for the COVID-19 Public Inquiry – webinars
We have launched our COVID-19 inquiry webinar series.
Getting ready for the COVID-19 public inquiry
As we reported in June 2021, local NHS organisations have been told that they must start preparing for the statutory public inquiry into the COVID-19 pandemic which is expected to begin in spring 2022. Any organisation can be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. With extensive public inquiry experience, Hempsons is here to help.
Key legal developments update – July 2021
Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.
Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
Reintroduction of CHC (continuing healthcare) assessments with effect from 1 September 2020
The Department of Health and Social Care has released new guidance surrounding the reintroduction of CHC (continuing healthcare assessments) with effect from 1 September 2020. Philippa Doyle provides a summary.
Advance care planning – a difficult path to tread?
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
Newsflash: Coronavirus and Critical Care
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.