Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Tag: Best interests
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
Islam, capacity and best interests – in conversation with Siddiq Diwan
In this ‘in conversation with,’ I talk to Siddiq Diwan, Imam and Lead Muslim Chaplain at the Manchester University Hospital… Read more
Capacity, best interests and divorce: does the Court of Protection have a role?
[This post is a joint effort by me together with Neil Allen and Emma Spruce, Counsel acting for D in… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
Judging Values project – final report now published
The final report of the Judging Values and Participation in Mental Capacity Law project has now been published. Led by… Read more
Making Values Matter in the Court of Protection – new film
Following a previous training film about communication and participation for Court of Protection lawyers, a project team including researchers based… Read more
39 Essex Chambers Guidance Note – Determining and Recording Best Interests – updated!
Having just updated our guidance note about assessing and recording capacity, we have now updated our guidance note on determining… Read more