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

Court of Protection Newsletter – Spire Barristers

‘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, 10th February 2021

Source: spirebarristers.co.uk

Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

COVID-19 vaccination: capacity and best interests – the first reported Court of Protection judgement – Family Law

‘On 20 January 2021 in the matter of Re E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection Mr Justice Hayden, delivered the first reported judgement in a vaccination dispute. Mrs E, the 80 year old dementia sufferer at the centre of the dispute (and who had been diagnosed with schizophrenia some 20 years ago), was living in a care home where there had been several cases of COVID-19. On 8 January 2021, the London Borough of Hammersmith and Fulham informed Mrs E’s Accredited Legal Representative that she was to be offered a COVID-19 injection on 11 January, however her son, Mr W, objected to this. Due to the risk of Mrs E succumbing to COVID-19, her legal representatives urgently sought a declaration, pursuant to s.15 of the Mental Capacity Act 2005 (“MCA 2005”), that it would be lawful and in her best interests to receive the vaccine at the next possible date (the appointment on 11 January having been missed due to the son’s objection).’

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Family Law, 3rd February 2021

Source: www.familylaw.co.uk

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son – Local Government Lawyer

‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’

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Local Government Lawyer, 27th January 2021

Source: www.localgovernmentlawyer.co.uk

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

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Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

Child Trust Fund court fees waived for parents – Ministry of Justice

‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’

Full press release

Ministry of Justice, 1st December 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

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Law Pod UK, 30th November 2020

Source: audioboom.com