The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
Capacity, consent and sexual relations – the Supreme Court decides
Category: Capacity
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… 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
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
Voting, discrimination and legal capacity
In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that… Read more
Sex and the limits of fluctuating capacity
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… 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
Parental responsibility and puberty blockers
In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more