Court of Protection judge gives suspended jail sentence to mother of P – Local Government Lawyer

‘The Court of Protection has sentenced a woman to 28 days in jail for contempt, but suspended the sentence for a year on condition she does not engage in any further contempts.’

Full Story

Local Government Lawyer, 26th January 2023

Source: www.localgovernmentlawyer.co.uk

Woman with diabetes and subject to deprivation of liberty in care placement to be allowed home, judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’

Full Story

Local Government Lawyer, 9th January 2022

Source: www.localgovernmentlawyer.co.uk

Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’

Full Story

Local Government Lawyer, 19th December 2022

Source: www.localgovernmentlawyer.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’

Full Story

The Independent, 14th December 2022

Source: www.independent.co.uk

Removal of gametes from brain dead man would breach his rights to privacy: Court of Protection – UK Human Rights Blog

Posted November 25th, 2022 in consent, Court of Protection, families, human rights, news, privacy by tracey

‘The 22 year old patient in this case, X, was unconscious in intensive care during the course of this hearing, following a serious stroke. There was virtually no prospect that he would recover. This urgent application by X’s parents, out of hours, before Poole J was for a declaration that it would be lawful for a doctor to retrieve X’s sperm for storage after his death. The applicants also sought an order that X’s father V could sign the relevant consents under the Human Fertilisation and Embryology Act 1990 (“The 1990 Act”). The applicants did not seek any orders in respect of the use of X’s sperm once collected and stored. That was for another day.’

Full Story

UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Judge blocks parents’ bid to use dying son’s sperm to father a child – The Independent

Posted November 18th, 2022 in children, Court of Protection, families, news by tracey

‘The parents of a dying man have failed in their court bid to collect and store his sperm to allow his girlfriend to have his child.’

Full Story

The Independent, 17th November 2022

Source: www.independent.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by tracey

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

Full Story

Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Hoarding and mental capacity – Local Government Lawyer

Posted October 28th, 2022 in Court of Protection, local government, mental health, news by tracey

‘A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones and Kate Hicks.’

Full Story

Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

The Independent, 14th March 2022

Source: www.independent.co.uk