In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
Category: Best interests
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Securing autonomy – Article 8 in the balance
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
COVID-19 vaccination – best interests is not code for mandatory vaccination (and a reminder you can’t fail a capacity assessment)
The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have… Read more