Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Category: Comments
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder…. Read more
Executive capacity and the Court of Protection
Warrington Borough Council v Y & Ors [2023] EWCOP 27. This application concerned Y, who was in her early twenties…. Read more
Scottish Mental Health Law Review – the Scottish Government response
The Scottish Government has today (28 June 2023) published its response to the independent review of mental health, capacity and… Read more
Deprivation of liberty applications relating to children: what is actually happening?
[In an extremely helpful, but depressing, report published on 22 June 2023, the Nuffield Family Justice Observatory analysed applications received… Read more
Visiting in care homes, hospitals and hospices – consultation on proposed new legislation in England
The Department of Health and Social Care is consulting (with a closing date of 16 August 2023), seeking “views on… Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Hegel and testamentary capacity: a synthesis between the common law and the MCA 2005?
The philosopher Hegel famously considered that progress was made by a thesis being advanced, to which an antithesis could be… Read more
Reforming the Mental Health Act – Approaches to Improve Patient Choice: the Parliamentary Office of Science and Technology
Whilst we wait to learn what the next steps may be in relation to mental health reform in England &… Read more
Legal Professionals wanted for Co-Production research into Accessible Legal Information
It is now well established that there is significant unmet legal need for accessible legal information about common legal problems…. Read more