In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
Capacity and the limits of decision-specificity
Category: Case comments
The Supreme Court grits its teeth – the inherent jurisdiction, deprivation of liberty and children
How should the courts respond to the shortage of provision for children and young people whose needs are such that… Read more
Liberty Protection Safeguards: implementation support (for England) outlined
The DHSC published on 25 June 2021 (on a page to be populated with more detail on a rolling basis)… Read more
Voting, discrimination and legal capacity
In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that… Read more
Substance or form? When do repeated errors invalidate a DoLS authorisation?
What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? … Read more
Relevant information for different categories of decision
As discussed in my shedinar on capacity fundamentals, one of the most common sources of unnecessary complexity in thinking about… Read more
Capacity, pregnancy, risk and the courts
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant… Read more
Sex and the limits of fluctuating capacity
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Securing autonomy – Article 8 in the balance
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
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