When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and… Read more
Anorexia, the Court of Protection and the changing calculus of decision-making
Category: Best interests
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Best interests decision-making as an aspect of good clinical governance – and further guidance on the way
NHS North Central London Integrated Care Board v Royal Hospital for Neuro-Disability & Anor [2024] EWCOP 66 (T3) is the most… Read more
The Court of Appeal, life-sustaining treatment and ‘covert consciousness’
In Re PC [2024] EWCA Civ 895, the Court of Appeal has refused permission to appeal the decision of Cusworth… Read more
Futility and best interests before the Court of Protection
When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make… Read more
Following through a decision to withdraw life-sustaining treatment: a new dilemma for the Court of Protection
In NHS NW London ICB [2024] EWCOP 35, the Vice-President of the Court of Protection, Theis J, gave a careful… Read more
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Where every option is problematic and the optimism of best interests is not enough: a dilemma for the Court of Appeal
The Court of Appeal has dismissed the appeal of both the local authority and the Official Solicitor against the decision… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more