It is perhaps slightly surprising that Right Care, Right Person should make its first reported appearance in case-law in the… Read more
Right Care, Right Person before the courts
Category: Case comments
Triage, COVID-19 and decision-making – a perspective from the courts
Perhaps prompted by the publication of the first report of the COVID-19 inquiry today (on the resilience and preparedness of… Read more
Following through a decision to withdraw life-sustaining treatment: a new dilemma for the Court of Protection
In NHS NW London ICB [2024] EWCOP 35, the Vice-President of the Court of Protection, Theis J, gave a careful… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
Local authorities, care orders and consent to confinement – another striking decision from Lieven J
[update – the appeal against this decision was allowed by the Court of Appeal in February 2025. Judgment is awaited,… Read more
Decision-making capacity and mental health law – the Norwegian experience: in conversation with Jacob Jorem
In this ‘in conversation with’, I talk to Jacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience… Read more
Capacity for care providers
In this video, I seek to answer a question I very often get asked – namely “why do I keep… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more