In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian … Read More ›
Tag: capacity
[Warning: this post contains a legal analysis of the question whether a person can be said to have capacity to take their own life, and … Read More ›
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the question posed before the Upper … Read More ›
BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man, BP. It follows the earlier … Read More ›
The DHSC’s eagerly anticipated emergency guidance on The Mental Capacity Act (2005) (MCA) and Deprivation of Liberty Safeguards (DoLS) During the Coronavirus (COVID-19) Pandemic was published … Read More ›
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on this subject, summarising recent research … Read More ›
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in … Read More ›
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand, we have the situation of … Read More ›
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation … Read More ›
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving an application relating to medical … Read More ›