Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
Coercion, control and powers of attorney – a dilemma for the court
Category: Comments
Mental capacity in civil proceedings – the final report of the Civil Justice Council working group
At its July 2022 meeting, the Civil Justice Council (CJC) approved the creation of a working group to look at… Read more
Cross-border protection and capacity
The Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3) is the sequel to a decision in 2020… Read more
Calibrating the definition of ill-treatment by reference to the victim: an important clarification from the Court of Appeal
Whorlton Hall hospital housed patients with longstanding learning disabilities and significant additional psychological and behavioural needs, who required specialist care…. Read more
Anticipatory declarations and supporting P in her wish to protect herself
Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision. It… Read more
Disabled children’s social care law in England – the Law Commission consults
The law on disabled children’s social care in England is currently governed by a patchwork of legislation, some of which… Read more
The Ombudsman, DoLS and triaging – asking the impossible?
Old-fashioned novels sometimes have elaborate subtitles. I might slightly impertinently suggest that if such a novel was being written about… Read more
The Grand Chamber of the European Court of Human Rights seeks to balance the right to life and the right to autonomy
The decision of the European Court of Human Rights in Pindo Mulla v Spain [2024] ECHR 753 is a very… Read more
Outsourcing and the Human Rights Act 1998 – the consequences
Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates… Read more
2023-2024 English DoLS statistics out
The DoLS statistics for England for the year 1 April 2023 to 31 March 2024 were published on 22 August… Read more