[This post is a joint effort by me together with Neil Allen and Emma Spruce, Counsel acting for D in… Read more
Capacity, best interests and divorce: does the Court of Protection have a role?
Category: Comments
Fluctuating capacity – making rights real and practical, not theoretical and illusory
Hot on the heels of the decision in North Bristol NHS Trust v R [2023] EWCOP 5, another decision has… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Capacity and the suicidal patient – new paper
Building on work led on by Dr Chloe Beale (see here for a conversation from my shed with her), a… Read more
Small payments scheme consultation: response now published
The Ministry of Justice consulted in 2021-22 on a potential mechanism to enable families seeking access to small funds belonging… Read more
Commencement of the Assisted Decision-Making (Capacity) Act 2015
After a very protracted journey, including amendments introduced even before it had been implemented, it was announced today (24 February)… Read more
Fluctuating capacity, emotional dysregulation and public protection: a swansong for Hayden J
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J… Read more
Diversity, dignity, equity and best practice: a framework for supported decision-making
As part of ongoing work related to the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability,… Read more
Systemically failing the human rights of children: the President of the Family Division shouts as loudly as he can
It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more