This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
The MCA was the first Act of Parliament to be built upon a set of principles – firm foundations to underpin the ethos of empowering and yet protecting people within a decision making framework.
The radical change in the starting point - where capacity is presumed unless shown otherwise - has promoted the independence and involvement of more people in their own affairs, and for a much longer period of time, and to a considerably greater extent. There is still much to learn and to implement, not least in how this should impact on the day to day reality for individuals with impaired capacity - especially with institutions whose systems are geared towards a ‘yes or no’ approach rather than a more nuanced and individualised attitude.
At Anthony Collins Solicitors, our approach to clients for whom we act as Deputy seeks always to put the individual at the centre. We know it is often the ‘little things’ that make the biggest difference to a person’s life and sense of being valued. We recognise that a diagnosis which impacts on the ability to understand will affect each person in a unique way – and that no two people and no two expressions of an illness or injury are the same.
With this in mind, we decided to round off our celebrations of the 10th Anniversary of the MCA in our own way. Rather than simply offer a retrospective for fellow professionals, looking at how the law has developed, we decided to concentrate on our clients – those with whom we walk daily, aiming to make a difference.
So what better way to celebrate than with a party? Tea, cake, magic, balloons and good company were the order of the day, and we were delighted to welcome over 50 people – clients and their supporters, carers, family and friends - to our tea party.
It was a truly memorable day with moments that will make us – and hopefully our clients – smile well into the next 10 years.
We look forward to working with you, and the people who are important to you, where loss of or impaired capacity is an issue.
For more information
Please contact Donna Holmes.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
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