‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘
Doughty Street Chambers, 26th February 2019
Source: insights.doughtystreet.co.uk
‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’
Local Government Lawyer, 14th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’
39 Essex Chambers, 8th February 2019
Source: www.39essex.com
‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’
Transparency Project, 9th March 2019
Source: www.transparencyproject.org.uk
‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’
Radcliffe Chambers, 4th February 2019
Source: www.radcliffechambers.com
‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’
Daily Telegraph, 18th October 2018
Source: www.telegraph.co.uk
‘Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act – a practice that the former president of the family division finds ‘deeply troubling’.’
Law Society's Gazette, 16th October 2018
Source: www.lawgazette.co.uk
‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘Private Client analysis: Alex Ruck Keene, barrister, of 39 Essex Chambers, examines the decision of the Court of Protection in Re AB [2016] EWCOP 66 to approve deceiving a person lacking mental capacity in order to administer her medication.’
Family Law, 19th April 2018
Source: www.familylaw.co.uk
‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’
Family Law Week, 8th April 2018
Source: www.familylawweek.co.uk
‘Trust corporations wanting to act as property and affairs deputies for incapacitated people must be regulated by the Solicitors Regulation Authority (SRA) to gain immediate approval, the Court of Protection (CoP) has ruled.’
Legal Futures, 12th February 2018
Source: www.legalfutures.co.uk
© Inner Temple Library 2025