How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Coercive control, capacity and the resolution of an ethical dilemma
Category: Case comments
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
Gillick competence, puberty-blockers and the Court of Appeal
In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
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