In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
Tag: capacity
Section 21A, interim declarations and an ALR in action
In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an… Read more
Incapacity and the limits of persuasion
In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the… Read more
Capacity and suicide
[Warning: this post contains a legal analysis of the question whether a person can be said to have capacity to… Read more
When does mental incapacity constitute a ‘status’?
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the… Read more
COVID-19 and care homes – further developments from the Court of Protection
BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man,… Read more
Mitigating the risk of assumptions and biases in assessments of mental capacity: briefing document
A very useful briefing document by Sophie Stammers and Lisa Bortolotti from the University of Birmingham has been published on… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more