The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more
Tag: medical treatment
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more
Anorexia, the Mental Health Act and the Court of Protection – a clear route map for cases
In Leeds and York Partnership NHS Foundation Trust v FF & Anor [2025] EWCOP 26 (T3), McKendrick J made some… Read more
Advance decisions to refuse treatment – what (not) to do when it appears one may be in play
Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more
Consultation, (rotten) compromises and challenging complacency – Hayden J on the warpath
NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3)… Read more
Anorexia, the Court of Protection and the changing calculus of decision-making
When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and… Read more
Best interests decision-making as an aspect of good clinical governance – and further guidance on the way
NHS North Central London Integrated Care Board v Royal Hospital for Neuro-Disability & Anor [2024] EWCOP 66 (T3) is the most… Read more