High Court backs move of 89-year-old man with Alzheimer’s from care home in UK to Jamaica – Local Government Lawyer

Posted September 21st, 2022 in care homes, Court of Protection, elderly, Jamaica, local government, mental health, news by sally

‘It is in the best interests of an 89-year-old man (XX) currently in a care home in the UK to travel to Jamaica for his last years, despite him lacking the mental capacity to make the decision himself, a High Court judge has ruled.’

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Local Government Lawyer, 20th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer

Posted September 15th, 2022 in care homes, community care, Court of Protection, elderly, human rights, mental health, news by tracey

‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Transparently clunky – Local Government Lawyer

‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Deprivations of liberty of 16-17 year olds and the streamline procedure – Local Government Lawyer

‘How should the Court of Protection approach applications to authorise the deprivation of liberty of a 16 or 17 year old? And when is the streamlined procedure appropriate? Alex Ruck Keene looks at the current position.’

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Local Government Lawyer, 8th July 2022

Source: www.localgovernmentlawyer.co.uk

What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog

Posted July 11th, 2022 in Court of Protection, deputyship, human rights, mental health, news by tracey

‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’

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UK Human Rights Blog, 7th July 2022

Source: ukhumanrightsblog.com

Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer

‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted May 23rd, 2022 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, 16th May 2022

Source: spirebarristers.co.uk

Lawyers limit community care cases “to help firms stay afloat” – Legal Futures

‘Community care lawyers are limiting the amount and type of legal aid work they do to ensure that their firms remain financially viable, a report has found.’

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Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Woman detained under mental health law can make abortion decision – judge – The Independent

‘A pregnant woman detained under the terms of mental health legislation is capable of deciding whether to have an abortion even though doctors say such a move would not be in her best interests, a judge has ruled.’

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The Independent, 14th March 2022

Source: www.independent.co.uk

Capacity to litigate – Family Law

Posted March 11th, 2022 in appeals, Court of Protection, judges, mental health, news by tracey

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Lancaster mum wins legal fight for son’s kidney transplant – BBC News

‘A mother has won a legal battle to ensure her teenage son has the right to a potentially life-saving transplant.’

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BBC News, 8th March 2022

Source: www.bbc.co.uk

Mental capacity, end of life care and religion: MR & Ors – Law & Religion UK

Posted March 2nd, 2022 in care homes, Court of Protection, Judaism, local government, news by sally

‘In London Borough of X v MR & Ors [2022] EWCOP 1, MR, aged 86, was living with dementia and was expected to die at some time between the spring of 2022 and the spring of 2024. He had been discharged from hospital to CC Nursing Home during the first COVID emergency, where he was held under a standard Deprivation of Liberty issued by the local authority. The sole issue before the Court was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home.’

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Law & Religion UK, 2nd March 2022

Source: lawandreligionuk.com

Court of Protection case review – Local Government Lawyer

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

The black box of the judicial visit to P – Local Government Lawyer

Posted December 14th, 2021 in Court of Protection, families, judiciary, medical treatment, news by tracey

‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’

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Local Government Lawyer, 10th December 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk