We do not publish a January Mental Capacity Report, but there have been a number of relevant developments meriting brief… Read more
Tag: Best interests
Mental health conditions, cancer investigation and capacity – the challenges of achieving parity
Powys Teaching Health Board & Anor v NT & Anor [2025] EWCOP 44 (T3), bluntly, illustrates why those with mental health… Read more
Communicating the communication limb of the capacity test
Re BV (Medical Treatment – Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) is a relatively ‘routine’ medical treatment case (without,… Read more
Holding the risk in medical treatment cases
Re RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) is a case which demonstrates the care and… Read more
The Court of Protection: a Welsh language primer in key caselaw
TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more
“There are more things in heaven and earth that are dreamt of in the philosophy of NHS treatment” – a Court of Protection story
The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Consultation, (rotten) compromises and challenging complacency – Hayden J on the warpath
NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3)… Read more
Anorexia, the Court of Protection and the changing calculus of decision-making
When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and… Read more