In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… Read more
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
Category: Comments
The Children’s Wellbeing and Schools Bill and deprivation of liberty
The Children’s Wellbeing and Schools Bill, which passed its second reading in the House of Commons on 8 January, would… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
The persistent urban myth of DoLS
R (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more
Capacity, hospital discharge and possession orders – a checklist and a gap in the court’s powers?
Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) concerns the challenge of delayed discharge from hospital and, specifically,… Read more
Property and affairs deputyship applications – the digital route will be mandatory for legal professionals from 2 December 2024
In a letter sent out on 18 November 2024 (but which had the wrong date, subsequently corrected), HMCTS has confirmed… Read more
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Discrimination and the dismissal of complaints by those with cognitive impairments – a strong statement from Strasbourg
The decision of the European Court of Human Rights in Clipea & Grosu v Moldova [2024] ECHR 867 is the… Read more
The MHA, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs)
At the heart of the decision in Re SB [2024] EWHC 2964 (Fam) is the ongoing crisis in supporting children… Read more