When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Sex and the limits of fluctuating capacity
Category: Comments
Securing autonomy – Article 8 in the balance
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
COVID-19 vaccination – best interests is not code for mandatory vaccination (and a reminder you can’t fail a capacity assessment)
The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have… Read more
Capacity in the rear view mirror
Amplifying a presentation that I gave on 17 May 2021 at a 39 Essex Chambers webinar examining the case of… Read more
Queen’s Speech – the headlines for health, social care and mental health
(With thanks to Tim Spencer-Lane for his expert filleting), the briefing notes on the Queen’s speech delivered on 11 May… Read more
Paying for sex and the Court of Protection
In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C,… Read more
Shedinar – responding to MHA reform: in conversation with Akiko Hart
In this “in conversation with” Akiko Hart (at that time) Chief Executive of the National Survivor Users Network, we discuss… Read more
Court fees consultation – including Court of Protection – closing date 17 May 2021
The MoJ is consulting upon increasing court fees, including those relating to the Court of Protection, as follows: The proposal,… Read more
Child Trust Funds – defusing a capacity time bomb
Child trust funds were launched in January 2002, as long-term, tax-free savings account for children. The money belongs to the… Read more
Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in… Read more