Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

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Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

Child Trust Fund court fees waived for parents – Ministry of Justice

‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’

Full press release

Ministry of Justice, 1st December 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

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Law Pod UK, 30th November 2020

Source: audioboom.com

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

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39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers

Posted October 30th, 2020 in chambers articles, Court of Protection, disabled persons, news by sally

‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Court of Protection Newsletter #20 – Spire Barristers

Posted October 23rd, 2020 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, 8th October 2020

Source: spirebarristers.co.uk

Interim declarations in the Court of Protection: a new approach? – Doughty Street Chambers

Posted October 21st, 2020 in care homes, chambers articles, Court of Protection, human rights, news by sally

‘The recent judgment in DP v London Borough of Hillingdon [2020] EWCOP 45 has important implications for interim declarations of capacity in s21A proceedings in the Court of Protection.’

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Doughty Street Chambers, 1st October 2020

Source: insights.doughtystreet.co.uk

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

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Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by tracey

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by tracey

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by tracey

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

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.’

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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.’

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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”.’

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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.’

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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.’

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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.’

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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.’

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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?’

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UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com