Court agrees to withdraw boy’s hospital treatment – BBC News

Posted September 2nd, 2020 in children, Court of Protection, families, medical treatment, news by tracey

‘A 12-year-old boy with brain injuries will have his treatment withdrawn after a High Court judge found it was not in his best interests to prolong life.’

Full Story

BBC News, 1st September 2020

Source: www.bbc.co.uk

Force feeding not in anorexia patient’s best interests – UK Human Rights Blog

Posted August 27th, 2020 in consent, Court of Protection, hospitals, medical treatment, mental health, news by sally

‘In this carefully nuanced judgment, the Court of Protection has ruled that although a patient with a chronic eating disorder would in all probability face death she did not gain weight, it would not be in her best interests to continue being subjected to forced feeding inpatient regimes.’

Full Story

UK Human Rights, 26th August 2020

Source: ukhumanrightsblog.com

Capacity and Serious Medical Treatment – Pump Court Chambers

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

Full Story

Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’

Full Story

39 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Courts have no jurisdiction over “unwise” decisions where subject has capacity – Local Government Lawyer

‘The Mental Capacity Act 2005 does not permit the courts to intervene to prevent someone from making decisions that are unwise or damaging to them if they have the necessary capacity, the High Court has ruled.’

Full Story

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Determining and Recording Best Interests – 39 Essex Chambers

‘The purpose of this document is to provide those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our guide to carrying out capacity assessments.’

Full Story

33 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

The Court of Protection and the Appointment of a Deputy – Becket Chambers

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

Full Story

Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

Altruistic cell donation: Court of Protection – UK Human Rights Blog

‘How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor?’

Full Story

UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com

Capacity to consent to chemotherapy? – UK Human Rights Law Blog

Posted July 2nd, 2020 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31, This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown.

Full Story

UK Human Rights Law Blog, 1st July 2020

Source: ukhumanrightsblog.com

Removal of life support was in patient’s best interests and respected his autonomy – UK Human Rights Blog

‘This sensitive and compassionate judgment by Hayden J following a remote hearing of the Court of Protection is therefore worth our attention, as we all become more aware of how acutely things slip out of our control, not least of all our health.’

Full Story

UK Human Rights Blog, 12th June 2020

Source: ukhumanrightsblog.com

Life-support patient who refused stoma allowed to die – BBC News

‘An ill man who did not want to live with a stoma has died after a judged ruled life-support treatment could end.’

Full Story

BBC News, 10th June 2020

Source: www.bbc.co.uk

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

Full Story

Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

Full Story

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Barnsley hospital patient should be allowed to die, says judge – BBC News

‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’

Full Story

BBC News, 4th June 2020

Source: www.bbc.co.uk

Barnsley hospital stoma patient’s right to die – BBC News

Posted June 2nd, 2020 in consent, Court of Protection, hospitals, medical treatment, news by sally

‘A judge is considering whether a man with a history of bowel problems should be allowed to die because he does not want to live with a stoma.’

Full Story

BBC News, 2nd June 2020

Source: www.bbc.co.uk

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

Full Story

1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’

Full Story

Local Government Lawyer, 15th May 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19, Care Homes and Contact: BP v Surrey County Council & RP – Pump Court Chambers

‘On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to clarify the reported judgment in relation to the law of derogation: BP v Surrey County Council & RP [2020] EWCOP 22.’

Full Story

Pump Court Chambers, 14th May 2020

Source: www.pumpcourtchambers.com

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

Full Story

The Guardian, 5th May 2020

Source: www.theguardian.com

Court of Protection has power to grant injunctive relief, judge rules – Local Government Lawyer

Posted May 5th, 2020 in Court of Protection, injunctions, news by sally

‘The Court of Protection has the power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and its orders, a judge has concluded.’

Full Story

Local Government Lawyer, 4th May 2020

Source: www.localgovernmentlawyer.co.uk