In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
Tag: capacity
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more
Capacity and contempt proceedings – what is the test?
What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
The older child and medical treatment decisions – mental capacity or competence?
Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J,… Read more
When (not) to rely upon capacity?
In Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) Julian Knowles… Read more
Residence, care, sex and marriage: an (unusual) successful appeal on capacity
Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in… Read more
Children, capacity and accepting the diagnosis
Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more
Necessary and unnecessary complexity in decision-making capacity – and ‘lifestyle choice’
Those who might want to think a bit more about ‘lifestyle choice’ in the light of current headlines might find… Read more