When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Sex and the limits of fluctuating capacity
Category: Capacity
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
Distinguishing capacity and autonomy – the criminal law perspective
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more
A right to family life does not mean an obligation to endure one
In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
More for the files on (ir)relevant information for important decisions
In Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56 HHJ Dodd helpfully turned the eye… Read more
Reporting upon capacity for the court (and more broadly) – what (not) to do
The decision in AMDC v AG & Anor [2020] EWCOP 58 serves as an important reminder of how demanding the… Read more