In a case that appeared on Baillii this morning, Keehan J came tantalisingly close to giving the answer to a question… Read more
When is an advance decision to refuse treatment not binding?
Category: Case comments
Law Commission Interim Statement on MCA/DOLS now published
The Law Commission has just published an interim report upon its Mental Capacity and Deprivation of Liberty project, to which… Read more
Private deprivations of liberty, deputies, and the state
In Staffordshire County Council v SRK & Ors [2016] EWCOP 27, Charles J has grappled with the thorny question of… Read more
Litigation friend or foe?
In NHS Trusts v C [2016] EWCOP 17, C was detained under s.2 of the Mental Health Act 1983 with… Read more
Sex and the simple test?
In the London Borough of Southwark v KA & Ors [2016] EWHC 661 (Fam), Parker J had to grapple –… Read more
What to do, what to do – the procedural implications of Cheshire West
A cross-post here to my fellow author Sophy Miles’ excellent post on the Court of Protection Handbook site on the… Read more
Transparency Order Explained
My admirable Chambers colleague Tor Butler-Cole has prepared an unofficial annotated version of the Transparency Pilot order to assist explaining… Read more
A parent cannot consent to the deprivation of liberty of their 16 or 17 year old child
In Birmingham City Council v D [2016] EWCOP 8, the sequel to a case discussed here, Keehan J has held: “however close… Read more
So that was 2015 – a mini-review of the year
I think that it can properly be said that 2015 was the year that the MCA, if it did not… Read more
‘Safeguarding Adults and Legal Literacy’: new seminar series investigating the impact of the Care Act
I am very pleased to announce an ESRC funded project with which I am involved – the Safeguarding Adults and… Read more