What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction? This important question was … Read More ›
Category: Mental Health
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty there? In 2018, the … Read More ›
In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act) was wrong in relation to … Read More ›
This is an updated version of the post first published on 26 January 2021. I need to emphasise that what is set out below is … Read More ›
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has held that “the phrases “personally … Read More ›
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving an application relating to medical … Read More ›
In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the … Read More ›
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity to make decisions about residence … Read More ›
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a majority decision, has identified the … Read More ›
In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will … Read More ›