Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian
‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’
The Guardian, 14th May 2021
Source: www.theguardian.com
Category: Court of Protection
Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph
‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’
Daily Telegraph, 29th April 2021
Source: www.telegraph.co.uk
Court of Appeal overturns order discharging mother as party in Court of Protection proceedings – Local Government Lawyer
‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’
Local Government Lawyer, 27th April 2021
Source: www.localgovernmentlawyer.co.uk
Ep 142: Vaccine Hesitancy and the Court of Protection: Who Decides? – Law Pod UK
‘What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English.’
Law Pod UK, 27th April 2021
Source: audioboom.com
Tragic Court of Protection case – Mills & Reeve
‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’
Mills & Reeve, 14th April 2021
Source: www.mills-reeve.com
Deprivation of liberty and writs of habeas corpus – Local Government Lawyer
‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’
Local Government Lawyer, 1st April 2021
Source: www.localgovernmentlawyer.co.uk
CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette
‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’
Law Society's Gazette, 15th March 2021
Source: www.lawgazette.co.uk
Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers
‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers
‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers
‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Court of Protection Newsletter – Spire Barristers
‘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.’
Spire Barristers, 10th February 2021
Source: spirebarristers.co.uk
Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son – Local Government Lawyer
‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’
Local Government Lawyer, 27th January 2021
Source: www.localgovernmentlawyer.co.uk
Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer
‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer
‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’
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).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
