In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme… Read more
Article 8 protections after AGNI
Category: Deprivation of liberty
Deciding deprivation of liberty in an “efficient, and relatively speedy” way
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived… Read more
AGNI – the most comprehensive first instance ‘run’ at it so far
Just too late for the September 2026 Mental Capacity Report, HHJ Burrows has handed down the most comprehensive first instance… Read more
AGNI – resources page, podcast and shedinar video
I have started a resources page on the AGNI case, and will start to populate it as more guidance and… Read more
Supreme Court overrules Cheshire West
In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10… Read more
The contact constraints on the Court of Protection
The issue of visiting in care homes is a distinctly hot topic at the time of writing (May 2026). Linked,… Read more
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more
An ‘intolerable’ deprivation of liberty – and the need for reasons
No one will ever entirely fill the shoes of the late Sir James Munby, one of whose defining characteristics was… Read more
Parental responsibility and confinement – the need for appellate authority continues (and a Gillick conundrum) – updated
[I have now updated this post to take account of another decision of Henke J’s handed down shortly after the East… Read more
The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care
The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more