For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Month: July 2025
Tracking down the abducted ‘P’ – a menu of options for Court of Protection practitioners
The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… Read more
Anorexia, the Mental Health Act and the Court of Protection – a clear route map for cases
In Leeds and York Partnership NHS Foundation Trust v FF & Anor [2025] EWCOP 26 (T3), McKendrick J made some… Read more
The Court of Protection (Amendment) Rules 2025
These Rules were laid before Parliament on 15 July, and come into force on 1 October 2025. They make a… Read more
39 Essex Chambers July Mental Capacity Report now out – and walkthrough
The July 2025 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Joint Committee on Human Rights inquiry into the human rights of children in the social care system
The Joint Committee on Human Rights has announced an inquiry into the human rights of children in the social care system. It will… Read more
Providing position statements to observers to Court of Protection proceedings: vital guidance from Poole J
Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) concerns a question of increasing importance given (in particular) the… Read more
Disordered eating and the gaps between services – the consequences for the Court of Protection
Cwm Taf Morgannwg Health Board v AB & Anor [2025] EWCOP 24 (T3) is a judgment about case management in a… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Capacity in the rear view mirror – how does the presumption work?
The problem of the retrospective consideration of capacity troubled Costs Judge Whalan in Furley Page LLP v KFL [2025] EWHC… Read more