Category: Court of Protection

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

Posted November 29th, 2021 in appeals, autism, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by tracey

‘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.’

Full Story

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

Posted November 29th, 2021 in care homes, care workers, coronavirus, Court of Protection, families, local government, mental health, news, vaccination by tracey

‘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.’

Full Story

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

Posted November 26th, 2021 in appeals, codes of practice, Court of Protection, families, judiciary, medical treatment, news by tracey

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

Full Story

Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

Posted November 26th, 2021 in autism, care homes, Court of Protection, detention, families, hospitals, learning difficulties, local government, news, statistics by tracey

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

Full Story

BBC news, 25th November 2021

Source: www.bbc.co.uk

New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 – UKSC Blog

Posted November 25th, 2021 in appeals, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by sally

‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’

Full Story

UKSC Blog, 24th November 2021

Source: ukscblog.com

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

Posted November 23rd, 2021 in coronavirus, Court of Protection, families, hospitals, human rights, medical treatment, news by sally

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

Full Story

UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by tracey

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

Full Story

Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

Posted November 1st, 2021 in appeals, care workers, Court of Protection, criminal justice, disabled persons, human rights, news, prostitution, sexual offences by tracey

‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’

Full Story

UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

Posted October 26th, 2021 in appeals, autism, carers, Court of Protection, disabled persons, learning difficulties, news, prostitution, sexual offences by sally

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

Full Story

Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Senior family judge gives “steer” on when hearings should be in-person, criticises speed of implementation of Public Law Working Group recommendations – Local Government Lawyer

Posted October 21st, 2021 in coronavirus, Court of Protection, family courts, news, remote hearings by sally

‘The central theme running through the approach that should apply to whether hearings should be held in person, remotely or a hybrid is that the parties and their lawyers should normally be physically present at court on those occasions when an important decision may be taken, the President of the Family Division has suggested.’

Full Story

Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Jehovah’s Witnesses, blood transfusions and capacity: PW – Law & Religion UK

Posted October 20th, 2021 in blood products, Christianity, consent, Court of Protection, medical treatment, news by sally

‘In PW (Jehovah’s Witness: Validity of Advance Decision), Re [2021] EWCOP 52, Mrs W, aged 80, had Alzheimer’s. She was seriously ill in hospital with potentially fatal internal bleeding from a gastric tumour and the evidence was that a blood transfusion and surgery could mean that she would live for another five to ten years. However, she had been a practising Jehovah’s Witness for most of her adult life. Her medical team had concluded that she lacked capacity to make decisions about her treatment, but she had made an advance decision in 2001 – which appeared to have been held on a register of such decisions made by Jehovah’s Witnesses – to refuse blood or blood products even if her life was in danger. All parties accepted that the advance decision had been properly made.’

Full Story

Law & Religion UK, 19th October 2021

Source: lawandreligionuk.com

Society voices ‘genuine concerns’ about power of attorney reforms – Law Society’s Gazette

Posted October 15th, 2021 in consultations, Court of Protection, Law Society, Ministry of Justice, news, Office of the Public Guardian, powers of attorney by tracey

‘The Law Society has raised concerns about plans to make it easier to obtain lasting power of attorney (LPA), warning that sufficient safeguards must remain in place to protect the vulnerable.’

Full Story

Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk

Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library

Posted October 8th, 2021 in consultations, Court of Protection, mental health, Ministry of Justice, news, parliament, powers of attorney by tracey

‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’

Full Story

House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

Full Story

UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

What Are Deputyships And What Do They Mean For Our Rights? – Each Other

Posted August 19th, 2021 in Court of Protection, deputyship, disabled persons, news, Office of the Public Guardian by sally

‘There are two distinct types of deputyship: property and financial affairs deputyship (PFAP) and personal welfare deputyship (PWD). Approximately 375 PWDs and 15,000 PFAPs are applied per year.’

Full Story

Each Other, 18th August 2021

Source: eachother.org.uk

Judge to decide if Covid patient should be allowed to die – BBC News

Posted August 19th, 2021 in consent, coronavirus, Court of Protection, families, hospitals, medical treatment, news by sally

‘A judge has been asked to decide if a woman left brain damaged and paralysed from the neck down after contracting Covid-19 should be allowed to die.’

Full Story

BBC News, 18th August 2021

Source: www.bbc.co.uk

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

Posted August 16th, 2021 in autism, consent, coronavirus, Court of Protection, learning difficulties, news, vaccination by tracey

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

Full Story

Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted July 27th, 2021 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, 13th July 2021

Source: spirebarristers.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

Posted July 15th, 2021 in coronavirus, Court of Protection, electronic filing, family courts, local government, news, remote hearings by tracey

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

Full Story

Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

Posted July 6th, 2021 in appeals, civil procedure rules, costs, Court of Protection, families, local government, news by sally

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

Full Story

Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk