In Leeds and York Partnership NHS Foundation Trust v FF & Anor [2025] EWCOP 26 (T3), McKendrick J made some… Read more
Anorexia, the Mental Health Act and the Court of Protection – a clear route map for cases
Category: Mental Health
The importance of complying (and showing you’ve complied with) the procedural protections of the Mental Health Act 1983
As Deputy Master Marzec put it at the start of her judgment in Appiah & Anor v Leeds City Council… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
Capacity, hospital discharge and possession orders – a checklist and a gap in the court’s powers?
Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) concerns the challenge of delayed discharge from hospital and, specifically,… Read more
Property and affairs deputyship applications – the digital route will be mandatory for legal professionals from 2 December 2024
In a letter sent out on 18 November 2024 (but which had the wrong date, subsequently corrected), HMCTS has confirmed… Read more
Discrimination and the dismissal of complaints by those with cognitive impairments – a strong statement from Strasbourg
The decision of the European Court of Human Rights in Clipea & Grosu v Moldova [2024] ECHR 867 is the… Read more
Calibrating the definition of ill-treatment by reference to the victim: an important clarification from the Court of Appeal
Whorlton Hall hospital housed patients with longstanding learning disabilities and significant additional psychological and behavioural needs, who required specialist care…. Read more
Outsourcing and the Human Rights Act 1998 – the consequences
Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates… Read more
Codes, case-law, restraint and children
An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam) is a case which throws two issues into stark… Read more
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more