Discharging a Court of Protection Security Bond After P Dies – Radcliffe Chambers

Posted February 8th, 2019 in Court of Protection, enforcement, guardianship, news, surety, wills by sally

‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’

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Radcliffe Chambers, 4th February 2019

Source: www.radcliffechambers.com

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

Munby troubled by Court of Protection cases being ‘transferred up’ – Law Society’s Gazette

Posted October 18th, 2018 in children, Court of Protection, families, family courts, news by sally

‘Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act – a practice that the former president of the family division finds ‘deeply troubling’.’

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Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk

Supreme Court to rule on vegetative state case – BBC News

‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

Court of Protection approves administration of medication by deception – Family Law

Posted April 19th, 2018 in Court of Protection, medical ethics, medicines, news by sally

‘Private Client analysis: Alex Ruck Keene, barrister, of 39 Essex Chambers, examines the decision of the Court of Protection in Re AB [2016] EWCOP 66 to approve deceiving a person lacking mental capacity in order to administer her medication.’

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Family Law, 19th April 2018

Source: www.familylaw.co.uk

Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1 – Family Law Week

‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’

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Family Law Week, 8th April 2018

Source: www.familylawweek.co.uk

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

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UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

Court of Protection: SRA regulation allows for immediate approval of trust corporations – Legal Futures

Posted February 13th, 2018 in Court of Protection, news, Solicitors Regulation Authority, trusts by sally

‘Trust corporations wanting to act as property and affairs deputies for incapacitated people must be regulated by the Solicitors Regulation Authority (SRA) to gain immediate approval, the Court of Protection (CoP) has ruled.’

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Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

Mental Capacity Guidance Note: A Brief Guide to Carrying out Capacity Assessments – 39 Essex Chambers

Posted November 24th, 2017 in consent, Court of Protection, mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, 17th November 2017

Source: www.39essex.com

Court of Protection Rules 2017 – Courts and Tribunals Judiciary

Posted November 24th, 2017 in Court of Protection, press releases, regulations by tracey

‘As of 1 December 2017, the Court of Protection Rules 2017 come into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September 2016, been implemented by way of the Case Management Pilot. The Practice Directions supporting the 2007 Rules are replaced by the package of new Practice Directions supporting the 2017 Rules.’

Full press release

Courts and Tribunals Judiciary, 23rd November 2017

Source: www.judiciary.gov.uk

Law Pod UK Ep.16: A patient’s right to experimental medical treatment – 1 COR

Posted November 21st, 2017 in Court of Protection, human rights, medical treatment, news by sally

‘Rosalind English discusses a recent ruling in the Court of Protection which gives a patient, who is lacking capacity, the right to seek out experimental medical treatment.’

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Law Pod UK, 10th November 2017

Source: audioboom.com

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Right-to-die cases do not need to go to court, judge rules – Daily Telegraph

Posted September 21st, 2017 in assisted suicide, Court of Protection, euthanasia, judgments, medical treatment, news by sally

‘A judge has made a landmark ruling that legal permission will no longer be required by a court before life-supporting treatment is withdrawn from patients suffering from severely debilitating illnesses, lawyers say.’

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Daily Telegraph, 21st September 2017

Source: www.telegraph.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

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Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Mother asks court to permit doctors to cease care for ill daughter – The Guardian

Posted May 30th, 2017 in Court of Protection, euthanasia, families, medical treatment, news by sally

‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’

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The Guardian, 29th May 2017

Source: www.theguardian.com

Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

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Local Government Lawyer, 27th March 2017

Source: www.localgovernmentlawyer.co.uk