Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019

Source: www.transparencyproject.org.uk

Capacity and sexual relations – trying to make it personal – Local Government Lawyer

Posted July 25th, 2019 in consent, Court of Protection, married persons, news by tracey

‘Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.’

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Local Government Lawyer, 19th July 2019

Source: www.localgovernmentlawyer.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Woman must have chemotherapy despite wanting to die, judge rules – The Independent

Posted July 18th, 2019 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘A woman with a brain tumour should have chemotherapy despite “wanting to die”, a judge has decided.’

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The Independent, 17th July 2019

Source: www.independent.co.uk

Re AB: Termination of pregnancy – Law & Religion UK

Posted July 15th, 2019 in abortion, consent, Court of Protection, learning difficulties, news by tracey

‘Re AB [2019] EWCOP 26, [2019] EWCA Civ 1215[1]. The recent case of Re AB has been widely reported. In it, Lieven J held in the Court of Protection that an NHS Trust was permitted to perform an abortion on a 24-year-old woman. The Court of Appeal overturned that decision. The case created headlines around the world, shining a spotlight on the work of the Court of Protection and the difficult decisions that it has to make on a daily basis.’

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Law & Religion UK, 15th July 2019

Source: www.lawandreligionuk.com

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com

Withdrawal of life support: minimally conscious patients – UK Human Rights Blog

Posted May 31st, 2019 in consent, Court of Protection, medical treatment, news by tracey

‘A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18. The lesson to be learned from this case is to be careful of the hands into which you may fall, should you become incapacitated and end up in a vegetative or minimally conscious state.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge allows doctors to perform hysterectomy on mentally ill woman – BBC News

‘A judge has granted permission for doctors to perform a hysterectomy on a mentally ill woman.’

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BBC News, 10th May 2019

Source: www.bbc.co.uk

Barristers can act as deputies, Court of Protection rules – Legal Futures

‘Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled.’

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Legal Futures, 26th April 2019

Source: www.legalfutures.co.uk

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Judge to rule whether man’s wife has mental capacity to consent to sex – Daily Telegraph

‘A judge is set to rule whether a man can continue to sleep with his wife of more than 20 years amid concerns over her mental capacity.’

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Daily Telegraph, 1st April 2019

Source: www.telegraph.co.uk

Court hears test case on ability of parents to make decisions for children over 18 with learning disabilities – Local Government Lawyer

‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Judge rules man should lose leg ‘against his wishes’ – BBC News

Posted March 25th, 2019 in consent, Court of Protection, medical treatment, mental health, news by sally

‘A mentally-ill man who could die if his badly-infected left foot is not amputated should have the operation against his wishes, a judge has ruled.’

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BBC News, 24th March 2019

Source: www.bbc.co.uk

Capacity to tweet? – Doughty Street Chambers

‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘

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Doughty Street Chambers, 26th February 2019

Source: insights.doughtystreet.co.uk

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge – Local Government Lawyer

‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer

Posted March 12th, 2019 in codes of practice, Court of Protection, human rights, medicines, news by sally

‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk