As (for some at least) a summer break is starting to come to an end, I have recorded a version… Read more
The mental capacity and mental health law and policy landscape – a stocktake
Category: Comments
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The MHA/MCA interface revisited – Theis J rolls up her sleeves
Theis J has waded into the thickets of Schedule 1A. In Manchester University Hospital NHS Foundation Trust v JS &… Read more
Section 117 MHA, after-care, and ordinary residence: the Supreme Court gives clarity
The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
The limits of autonomy – what happens where healthcare professionals consider the choice too risky?
R (JJ) v Spectrum Community Healthcare CIC [2023] EWCA Civ 885, a decision of the Court of Appeal handed down… Read more
Updated COP3 form now live
A substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so… Read more
Committal hearings in the Court of Protection – publicity and complexity
In Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the… Read more