The DHSC’s guidance for care homes and for visitors has now been updated to reflect changes from 19 July 2021. It makes clear that … Read More ›
Category: Case comments
The DHSC published on 25 June 2021 (on a page to be populated with more detail on a rolling basis) details of two English implementation … Read More ›
In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can … Read More ›
What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? This question was posed before … Read More ›
As discussed in my shedinar on capacity fundamentals, one of the most common sources of unnecessary complexity in thinking about whether a person has capacity … Read More ›
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant woman aged 21 with what … Read More ›
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in Re … Read More ›
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically in the opening paragraphs of … Read More ›
The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have been reported to date (such … Read More ›
Amplifying a presentation that I gave on 17 May 2021 at a 39 Essex Chambers webinar examining the case of Re Clitheroe, considering whether the … Read More ›