Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy – Local Government Lawyer

‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias” – Local Government Lawyer

Posted March 12th, 2024 in autism, bias, Court of Protection, judiciary, news, practice directions by tracey

‘A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.’

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Local Government Lawyer, 12th March 2024

Source: www.localgovernmentlawyer.co.uk

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

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Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

Public Law Newsletter: Feb 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter February 2024; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 19th February 2024

Source: www.spirebarristers.co.uk

Court of Protection case law update: February 2024 – Local Government Lawyer

Posted February 23rd, 2024 in Court of Protection, local government, news by michael

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

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Local Government Lawyer, 22nd February 2024

Source: www.localgovernmentlawyer.co.uk

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy

‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

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Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Capacity in context – a paradigm case – Local Government Lawyer

Posted January 23rd, 2024 in Court of Protection, disabled persons, mental health, news, sexual offences by tracey

‘Alex Ruck Keene KC (Hon) analyses a recent ruling where the judge’s observations about capacity, and in particular how to approach questions of capacity under constraint, are of broader application.’

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Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection case update: January 2024 – Local Government Lawyer

Posted January 15th, 2024 in Court of Protection, local government, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Public Law Newsletter: Nov 23 – Spire Barristers

Posted December 18th, 2023 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter November 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Public Law Newsletter: Oct 23 – Spire Barristers

Posted November 8th, 2023 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter October 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 3rd October 2023

Source: www.spirebarristers.co.uk

Termination, will and preferences – another difficult dilemma for the Court of Protection – Mental Capacity Law and Policy

Posted October 26th, 2023 in abortion, consent, Court of Protection, news, pregnancy by sally

‘The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the judge – John McKendrick KC (sitting as a Tier 3 judge) to comply with (in CRPD language) the will and preferences of a woman with a mental disorder undergoing a profound crisis. The questions he had to answer were whether the woman, H, had capacity to make the decision to consent to terminate her pregnancy,[2] and, if she lacked that capacity, whether a termination was in her best interests; and, if a termination were to be in her best interests, whether this should be carried out by a medical procedure (i.e. the administration of drugs) or a surgical procedure.’

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Mental Capacity Law and Policy, 25th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Is refusal of food indicative of lack of capacity? – Local Government Lawyer

‘Ella Pudney discusses a recent Court of Protection case on the determination of capacity for the refusal of food in prison.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

‘Two Ps’ – navigating two sets of best interests – Mental Capacity Law and Policy

Posted October 18th, 2023 in Court of Protection, local government, married persons, news by sally

‘In HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should proceed in a “two P” situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected. In HH’s case, the individuals concerned were husband, AH, and wife, HH. For reasons that are very relevant to the husband and wife, but not relevant for the wider point, both were the subject of separate s.21A MCA 2005 proceedings. The question was whether they could (or should) be either consolidated or heard together by the same judge, a question which regularly arises, but which has not been the subject of a reported case.’

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Mental Capacity Law and Policy, 17th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Judge lets anorexic woman choose death – Daily Telegraph

Posted October 6th, 2023 in Court of Protection, families, food, medical treatment, mental health, news by michael

‘A 24-year-old woman with anorexia has been allowed to choose to die by a judge despite “lacking capacity to take decisions concerning her medical treatment”.’

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Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk