As the Court of Protection judges have been very busy over the past little while looking at different categories of… Read more
Updated guidance note on relevant information for different categories of decision
Posts
39 Essex Chambers March 2024 Mental Capacity Report
Welcome to the March 2024 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
10 years since Cheshire West, the House of Lords scrutinised the MCA 2005 in action, and this website started…
March 2024 contains three ten year anniversaries. One is national – indeed international – significance; one is of national significance,… Read more
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
[Update, the Supreme Court allowed the defendants’ appeal on 21 January 2026; see here] If you have been found by… Read more
Long-term s.17 MHA leave: a further go-round (by analogy) before the Supreme Court
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came… Read more
Scottish Guardianship Orders, Deprivation of Liberty and Article 5 ECHR: a serious cross-border concern
In Aberdeenshire Council v SF (No 2) [2024] EWCOP 10, Poole J took the very unusual step of declining to… Read more
Revised help with Court of Protection fees process
A revised COP44A Help with fees application, and COP44B guidance notes have been published and are to be used with… Read more
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more