Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Tag: Contact
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
“Learning to learn” – capacity and the awareness of choice
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more
Care homes and contact restrictions arising out of COVID-19: the Court of Protection pronounces
In BP v Surrey County Council & Anor [2020] EWCOP 17, Hayden J had to grapple with the impact of… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
The thinnest of legal ice – restricting contact and the MCA
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were… Read more
Getting it right in the balance between autonomy and protection
A Local Authority v TZ (No.2) [2014] EWHC 973 (COP) Summary This is a sequel to a case that we… Read more