The Social Care Institute for Excellence is not normally an alarmist body, which makes its recent (26 August 2025) statement… Read more
SCIE sounds the alarm on MCA reform
Category: Comments
“There are more things in heaven and earth that are dreamt of in the philosophy of NHS treatment” – a Court of Protection story
The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more
Gillick is not a universal test – an important clarification from the Court of Appeal
For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Tracking down the abducted ‘P’ – a menu of options for Court of Protection practitioners
The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… Read more
Anorexia, the Mental Health Act and the Court of Protection – a clear route map for cases
In Leeds and York Partnership NHS Foundation Trust v FF & Anor [2025] EWCOP 26 (T3), McKendrick J made some… Read more
The Court of Protection (Amendment) Rules 2025
These Rules were laid before Parliament on 15 July, and come into force on 1 October 2025. They make a… Read more
Providing position statements to observers to Court of Protection proceedings: vital guidance from Poole J
Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) concerns a question of increasing importance given (in particular) the… Read more
Disordered eating and the gaps between services – the consequences for the Court of Protection
Cwm Taf Morgannwg Health Board v AB & Anor [2025] EWCOP 24 (T3) is a judgment about case management in a… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more