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Mental Capacity Law and Policy

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Phillip Swearingen

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Recent Posts

Position statements, transparency and the Court of Protection
21 May 2026
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position... …Read More »
The contact constraints on the Court of Protection
16 May 2026
The issue of visiting in care homes is a distinctly hot topic at the time of writing (May 2026). Linked,... …Read More »
39 Essex Chambers May Mental Capacity Report
11 May 2026
The May 2026 Mental Capacity Report is now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty... …Read More »
Gretna Green and children’s capacity – in discussion with Jonathan Brown
7 May 2026
In the latest ‘in conversation with,’ I talk to Dr Jonathan Brown about the very different approach to the decision-making... …Read More »
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
2 May 2026
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is... …Read More »

National Archives Mental Capacity cases

Graham Burgess v Dominik Sikprski & Anor 22 May 2026
Uriah Woods v The State No 2 (Trinidad and Tobago) 22 May 2026
NHS Kent & Medway Integrated Care Board v OQD & Anor 22 May 2026
Gardner (Deceased) (Court of Protection: Disclosure of Position Statements), Re 21 May 2026
Gary Alexander MacDougall v Lloyd Philip Thomas & Ors 21 May 2026
Madana Saibo Mohamed Hakeem v The Commissioners for HMRC 19 May 2026
BEA, R (on the application of) v Staffordshire County Council 18 May 2026
Amar Lodhia v Twelve Management Company (Bromley-by-Bow) Limited & Ors 18 May 2026
Grzegorz Przybys, R (on the application of) v The Chief Constable of Greater Manchester Police 15 May 2026
Blackpool Borough Council v Langley and Ors (No.3) (Publication of Judgments) 14 May 2026

National Archives Mental Health Act cases

Secretary of State for the Home Department v OSB 21 May 2026
Blackpool Borough Council v Langley and Ors (No.3) (Publication of Judgments) 14 May 2026
SL v SM 12 May 2026
R v Matthew Dickens 8 May 2026
BPA v NXT 8 May 2026
EF v The London Borough of Hackney & Anor 5 May 2026
Bristol City Council v CC & Ors (Capacity Instruction of Experts Deprivation of Liberty) 30 April 2026
X and Y (Children: Adoption Order: Setting Aside), Re 22 April 2026
HPT, R (on the application of) v Secretary of State for the Home Department 17 April 2026
R v David Wood 17 April 2026

Mental Health Law Online updates

Job advert. Burke Niazi, London - Mental health panel member and caseworker (listed until 14 August 2026).
Event. COPPA: The transition between Children and Adult services (Newcastle/online, 12 May 2026)
Job advert. Free Family Representation and Advocacy Project, London/hybrid - Court of Protection solicitor (deadline 31 May 2026).
Event. MHLA: Panel course (Leeds, 25-26 June 2026)
Case (Case management decision in anorexia case). Patricia's Father v Patricia [2025] EWCOP 29 (T3)
Case (Lifting of anorexia non-treatment order). Patricia's Father v Patricia [2025] EWCOP 30 (T3)
Case (Non-forcible treatment of anorexia). Leeds and York Partnership NHS Foundation Trust v FF [2025] EWCOP 26 (T3)
Case (Appeal against restriction order). R v Gordon [2025] EWCA Crim 1194
Case (Hybrid order vs hospital order). R v Turner [2025] EWCA Crim 1867
Case (Disposal when unfit to stand trial). R v Wood [2026] EWCA Crim 480

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