Mental Capacity Report – November 2024 – 39 Essex Chambers
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Category: Court of Protection
Practice and Procedure Report – November 2024 – 39 Essex Chambers
‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
Anticipatory declarations and supporting P in her wish to protect herself – Mental Capacity Law and Policy
‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’
Mental Capacity Law and Policy, 24th October 2024
Court of Protection case update: October 2024 – Local Government Lawyer
‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.’
Local Government Lawyer, 23rd October 2024
Source: www.localgovernmentlawyer.co.uk
Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Property and Affairs Report – September 2024 – 39 Essex Chambers
‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’
39 Essex Chambers, 1st September 2024
Source: www.39essex.com
Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts.’
39 Essex Chambers , 1st September 2024
Source: www.39essex.com
Futility and best interests before the Court of Protection – Mental Capacity Law and Policy
‘When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make it difficult in the context of those with impaired decision-making capacity is the potential for it to start “coding” judgments about other matters, above all judgments about the quality of life of the patient. In Re XY [2024 EWCOP 37 (T3), the issue of futility arose in the context of a decision whether continuing life-sustaining treatment was in the best interests of a man who in a prolonged disorder of consciousness. The treating Trust wished to cease mechanical ventilation and the provision of clinically assisted nutrition and hydration on the basis that its continuation was no longer in XY’s best interests.’
Mental Capacity Law and Policy, 28th July 2024
A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy
‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’
Mental Capacity Law and Policy, 27th July 2024
“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK
‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’
Law & Religion UK, 29th July 2024
Source: lawandreligionuk.com
A delicate balance – Local Government Lawyer
‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’
Legal Futures, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy
‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’
Mental Capacity Law and Policy, 20th June 2024
39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy
‘The June 2024 Mental Capacity Report is now out. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;
(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;
(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;
(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;
(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?
(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’
Mental Capacity Law and Policy, 6th June 2024
What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy
‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’
Mental Capacity Law and Policy, 14th May 2024
