Court of Protection Newsletter – Spire Barristers

Posted July 27th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 13th July 2021

Source: spirebarristers.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian

‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’

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The Guardian, 14th May 2021

Source: www.theguardian.com

Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph

‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’

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Daily Telegraph, 29th April 2021

Source: www.telegraph.co.uk

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’

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Local Government Lawyer, 27th April 2021

Source: www.localgovernmentlawyer.co.uk

Ep 142: Vaccine Hesitancy and the Court of Protection: Who Decides? – Law Pod UK

Posted April 28th, 2021 in coronavirus, Court of Protection, mental health, news, podcasts, vaccination by sally

‘What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English.’

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Law Pod UK, 27th April 2021

Source: audioboom.com

Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021

Source: www.mills-reeve.com

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette

‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’

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Law Society's Gazette, 15th March 2021

Source: www.lawgazette.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers

‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk