Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Best interests, wishes and feelings: a worked example in an imperfect world
Category: Comments
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
Best interests decision-making as an aspect of good clinical governance – and further guidance on the way
NHS North Central London Integrated Care Board v Royal Hospital for Neuro-Disability & Anor [2024] EWCOP 66 (T3) is the most… Read more
A Strasbourg shot across the bows for the MCA 2005
The decision of the European Court of Human Rights in ET v Moldova [2024] ECHR 858 is one with ramifications… Read more
Coercion, control and powers of attorney – a dilemma for the court
Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
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