In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C,… Read more
Paying for sex and the Court of Protection
Category: Case comments
Shedinar – responding to MHA reform: in conversation with Akiko Hart
In this “in conversation with” Akiko Hart, Chief Executive of the National Survivor Users Network, we discuss the challenges of… Read more
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of… Read more
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update… 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
Ordinary residence and s.117 MHA 1983 – back to the statutory guidance
In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act)… 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
DNACPR decision-making: the CQC report and a shedinar on getting the law right
The CQC published on 18 March 2021 Protect, respect, connect – decisions about living and dying well during COVID-19, a… 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
Vaccination – looking at all the relevant circumstances
Re CR. [2021] EWCOP 19, decided by HHJ Butler differed to the previous two (both decided by Hayden J) because… Read more