Our guidance note has been updated to reflect the decision of the Supreme Court in JB, as well as other recent… Read more
Tag: Best interests
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Preparing for the cliff-edge of 18: webinar, mythbusting document and help with making applications for property and affairs deputyship
The National Mental Capacity Forum held a webinar on 15 June about preparing for the cliff-edge of 18. A recording… Read more
Capacity, pregnancy, risk and the courts
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant… Read more