In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more
What to do when P wants to return home abroad?
Category: Case comments
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
Deprivation of liberty, family members and what s4B does (and doesn’t) say
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea… Read more
COVID-19 Vaccination and the MCA – the first Court of Protection judgment
In E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection, Hayden J, has given the first reported… Read more
“Personal examination” and the MHA – FAQs following the Devon judgment
This is an updated version of the post first published on 26 January 2021. I need to emphasise that what… Read more
LPS – background and walkthrough
As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the… Read more
“Personal examination” means “personal examination” within the MHA
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has… Read more
When is a refusal by a 16 or 17 year old of treatment determinative?
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the… Read more
39 Essex Chambers January 2021 Mental Capacity Report
The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include;… Read more
Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision
The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been… Read more