[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more
Motability, contracts and deputies
Category: Case comments
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
Anticipating the reasonableness of responses – time-specific capacity in action
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more
The Court of Protection: a Welsh language primer in key caselaw
TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more
“There are more things in heaven and earth that are dreamt of in the philosophy of NHS treatment” – a Court of Protection story
The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more
Gillick is not a universal test – an important clarification from the Court of Appeal
For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
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
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