Court of Protection – Current Awareness

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

Posted February 14th, 2025 in appeals, Court of Protection, deprivation of liberty safeguards, disabled persons, local government, mental health, news by Lily

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Property and Affairs Report – February 2025 – 39 Essex Chambers

Posted February 10th, 2025 in chambers articles, Court of Protection, deputyship, jurisdiction, news, powers of attorney by tracey

‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

The Court of Protection and deprivation of liberty of those under 18 – Mental Capacity Law and Policy

Posted January 16th, 2025 in children, Court of Protection, deprivation of liberty safeguards, family courts, mental health, news, practice directions, young persons by sally

‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’

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Mental Capacity Law and Policy, 13th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Court of Protection Update – December 2024 – Local Government Lawyer

Posted December 16th, 2024 in appeals, Court of Protection, families, local government, married persons, mental health, news by tracey

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge sets out guidance on mental capacity assessments for deaf individuals – Local Government Lawyer

Posted December 13th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

Posted December 5th, 2024 in causation, chambers articles, consent, Court of Protection, criminal justice, expert witnesses, news, psychiatrists, young persons by tracey

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Mental Capacity Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in bills, chambers articles, Court of Protection, deprivation of liberty safeguards, health, mental health, news by tracey

‘Mental Capacity Report – November 2024’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Practice and Procedure Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, costs, Court of Protection, news by tracey

‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, Court of Protection, medical treatment, mental health, news by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’

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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

Posted November 14th, 2024 in coercive & controlling behaviour, Court of Protection, families, jurisdiction, mental health, news, powers of attorney by sally

‘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.’

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Mental Capacity Law and Policy, 13th November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Anticipatory declarations and supporting P in her wish to protect herself – Mental Capacity Law and Policy

Posted October 25th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’

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Mental Capacity Law and Policy, 24th October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Court of Protection case update: October 2024 – Local Government Lawyer

Posted October 23rd, 2024 in Court of Protection, local government, news by tracey

‘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.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

Posted October 17th, 2024 in chambers articles, Court of Protection, deprivation of liberty safeguards, human rights, Law Commission, mental health, news, Scotland by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Property and Affairs Report – September 2024 – 39 Essex Chambers

Posted September 11th, 2024 in assisted suicide, bills, chambers articles, Court of Protection, deprivation of liberty safeguards, mental health, news by tracey

‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’

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39 Essex Chambers, 1st September 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers

Posted September 11th, 2024 in assisted suicide, bills, chambers articles, Court of Protection, deprivation of liberty safeguards, mental health, news by tracey

‘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.’

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39 Essex Chambers , 1st September 2024

Source: www.39essex.com

Futility and best interests before the Court of Protection – Mental Capacity Law and Policy

Posted July 29th, 2024 in Court of Protection, medical treatment, news by sally

‘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.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy

Posted July 29th, 2024 in bills, Court of Protection, food, medical treatment, mental health, news by sally

‘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.’

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Mental Capacity Law and Policy, 27th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK

Posted July 29th, 2024 in Court of Protection, families, hospitals, Islam, medical treatment, news by sally

‘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.’

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Law & Religion UK, 29th July 2024

Source: lawandreligionuk.com