Child trust funds were launched in January 2002, as long-term, tax-free savings account for children. The money belongs to the… Read more
Category: Comments
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
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of… Read more
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update… Read more
Parental responsibility and puberty blockers
In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell… Read more
Ordinary residence and s.117 MHA 1983 – back to the statutory guidance
In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act)… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more
DNACPR decision-making: the CQC report and a shedinar on getting the law right
The CQC published on 18 March 2021 Protect, respect, connect – decisions about living and dying well during COVID-19, a… Read more
CoP e-filing for deprivation of liberty cases
HMCTS have announced that: To further support digital working within the Court of Protection we are starting to use electronic… Read more
Distinguishing capacity and autonomy – the criminal law perspective
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more