In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
Category: Comments
Mental capacity, mental health and assisted dying – for the Government in-tray
For those wanting to get themselves up to speed in new posts, a few resources: On deprivation of liberty –… 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
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
Capacity, habitual residence, and internet use in Scotland – a Court of Protection conundrum
In Newcastle City Council v LM [2023] EWCOP 69, David Rees KC (sitting as a Tier 3 Judge of the… Read more