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Posted on February 16, 2014Author

Alex RK

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Bailii capacity cases

DCC v NLH [2019] EWCOP 9 (19 March 2019) March 20, 2019
EB v. ROMANIA - 49089/10 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) [2019] ECHR 222 (19 March 2019) March 19, 2019
CS v SBH & Ors [2019] EWHC 634 (Fam) (18 March 2019) March 18, 2019
London Borough of Hackney v SJF & Anor [2019] EWCOP 8 (12 March 2019) March 18, 2019
King's College Hospital NHS Foundation Trust v FG [2019] EWCOP 7 (29 January 2019) March 13, 2019

Mental Capacity (Amendment) Bill updates from Parliament.uk

Publication: Bill 345 2017-19, Lords Amendments to the Bill February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Bill 345 2017-19, Lords Amendments to the Bill
Publication: Bill 345 2017-19, Lords Amendments to the Bill February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Bill 345 2017-19, Lords Amendments to the Bill
Publication: Ping Pong (Minutes of Proceedings) February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Ping Pong (Minutes of Proceedings)
Publication: Ping Pong (Hansard) February 27, 2019
Mental Capacity (Amendment) Bill [HL]: Ping Pong (Hansard)
Publication: HL Bill 161-I Marshalled list for consideration of Commons amendments February 25, 2019
Mental Capacity (Amendment) Bill [HL]: HL Bill 161-I Marshalled list for consideration of Commons amendments

MHLO updates

Case (Withdrawal of CANH). SS v CCG [2018] EWCOP 40 — "The application seeks a declaration pursuant to section 15 (that it is lawful and in B's best interests for CANH to be withdrawn) and, secondly, an order pursuant to section 16 for such withdrawal and for B to receive palliative care only. If granted, it is anticipated that B will pass away. ... In support of granting the application there are a number of important factors. It is consistent with her previously expressed feelings and wishes. It supports her right, I suspect strongly held, to self-determination. She has no quality of life. Therapeutically, her life is futile, there is no hope of recovery. There is no hope. If I allow the application and make the declarations, it will bring to an end the invasive and, in my judgment, burdensome medical treatment from which she, B, obtains no benefit. It is consistent with her Muslim religion. It is consistent with her devoted husband's views of his wife's best interests. It is consistent with the unanimous views of those that are responsible for caring and treating her, whether it be the clinical or the support team. Is there any factor which weighs in the scales against granting the application? There is. It is the powerful principle that if I make the declarations, it will inevitably lead to B's death, so offends against the very strong principle of the sanctity of life. Having taken time to consider the matter, it seems to me clear that the direction of travel is all one way. It is with my very greatest sympathy to the family and B's husband in particular that balance falls very clearly in favour of me granting the application and making the declarations as sought, and I do so."
— "The application seeks a declaration pursuant to section 15 (that it is lawful and in B's best interests for CANH to be withdrawn) and, secondly, an order pursuant to section 16 for such withdrawal and for B to receive palliative care only. If granted, it is anticipated that B will pass away. ... In […]
Case (Retrospective authorisation of DNA swab sample). DCC v NLH [2019] EWCOP 9
— "I concluded it would be appropriate to make a declaration (1) that NLH lacked capacity (a) to make decisions as to the provision of buccal swab samples, the testing of such samples and the profiling of his DNA and (b) to conduct these proceedings, and further (2) that it was lawful for the local […]
Case (Whether child had "sufficient understanding" to conduct appeal without Guardian). CS v SBH [2019] EWHC 634 (Fam)
— "Thus in determining whether the child has sufficient understanding to give instructions to pursue an appeal and to conduct the appeal I need to consider a range of factors including: (i) The level of intelligence of the child. (ii) The emotional maturity of the child. (iii) Factors which might undermine their understanding such as […]
Case (Residence, contact, tenancy). London Borough of Hackney v SJF [2019] EWCOP 8
— "SJF is a 56 year old woman with a complicated matrix of physical and mental health issues. Apart from frequent hospital admissions, she is presently living in a residential placement. She wants to go home to live in her rented flat with her son. The Court is asked to determine: (a) Whether she has […]
Case (Autism in prison). R (Hall) v SSJ [2018] EWHC 1905 (Admin)
— Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.

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