‘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.’
Local Government Lawyer, 15th July 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 5th July 2021
Source: www.localgovernmentlawyer.co.uk
‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’
Local Government Lawyer, 5th July 2021
Source: www.localgovernmentlawyer.co.uk
‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
‘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, 9th June 2021
Source: spirebarristers.co.uk
‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’
Local Government Lawyer, 10th June 2021
Source: www.localgovernmentlawyer.co.uk
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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