Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Category: Comments
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
LPAs – the duties on the certificate provider
In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven… Read more
We all die: what are doctors’ duties to shield families from the sight of death?
In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and,… Read more
The European Court of Human Rights: mental health detention and Articles 3 and 5 ECHR
Strasbourg means what it says in relation to the tightening of the criteria for admission and detention in the context… Read more
Care home and hospital visiting in England: the new framework from 6 April 2024
Following on from its consultation on visiting in care homes and hospitals in England, the DHSC has (1) published its… Read more
Court of Protection round-up: December/January
In lieu of a Mental Capacity Report, the next edition of which will be out in February, and which will… Read more
Capacity in context – a paradigm case
A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In… Read more
An interface overcome – physical treatment for a detained patient
A Hospital NHS Foundation Trust v K [2023] EWCOP 59 concerned the treatment for leukaemia of a patient detained under… Read more
Medical treatment and the clarity of options
In The NHS Foundation Trust v K [2023] EWCOP 57, Judd J had to consider an application for declarations with… Read more