The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
Tag: assessing capacity
“Proportional assessments,” remote assessments, the Care Act and the MCA
Chief social worker for adults Lyn Romeo and principal social workers have issued (8 August 2023) guidance on carrying out… Read more
Updated COP3 form now live
A substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so… Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
New capacity guidance website launched
As part of the Mental Health & Justice project, a new website has been launched with guidelines for clinicians and… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
More for the files on (ir)relevant information for important decisions
In Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56 HHJ Dodd helpfully turned the eye… Read more
39 Essex Chambers Capacity Guide updated
The 39 Essex Chambers Guide to carrying out and recording capacity assessments has been updated, in particular to add a… Read more