‘In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).’
Local Government Lawyer, 8th September 2023
Source: www.localgovernmentlawyer.co.uk
‘Doctors can lawfully stop providing life-support treatment to a father-of-two who suffered “catastrophic” brain damage in a car accident early this year, a judge has ruled.’
The Independent, 23rd August 2023
Source: www.independent.co.uk
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’
Local Government Lawyer, 11th July 2023
Source: www.localgovernmentlawyer.co.uk
‘Parents who care for disabled young people will be better supported to access vital savings – including Child Trust Funds – thanks to the launch of a new easy-to-use guide.’
Ministry of Justice, 9th June 2023
Source: www.gov.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity guide from 39 Essex Chambers.’
Local Government Lawyer, 17th March 2023
Source: www.localgovernmentlawyer.co.uk
‘The Vice President of the Court of Protection has issued guidance on Court of Protection ‘closed hearings’ and ‘closed material’.’
Local Government Lawyer, 9th February 2023
Source: www.localgovernmentlawyer.co.uk
‘The Court of Protection has sentenced a woman to 28 days in jail for contempt, but suspended the sentence for a year on condition she does not engage in any further contempts.’
Local Government Lawyer, 26th January 2023
Source: www.localgovernmentlawyer.co.uk
‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’
Local Government Lawyer, 9th January 2022
Source: www.localgovernmentlawyer.co.uk
‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’
Local Government Lawyer, 19th December 2022
Source: www.localgovernmentlawyer.co.uk
‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’
The Independent, 14th December 2022
Source: www.independent.co.uk
‘The parents of a dying man have failed in their court bid to collect and store his sperm to allow his girlfriend to have his child.’
The Independent, 17th November 2022
Source: www.independent.co.uk
‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’
Local Government Lawyer, 18th November 2022
Source: www.localgovernmentlawyer.co.uk
‘A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones and Kate Hicks.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
‘It is in the best interests of an 89-year-old man (XX) currently in a care home in the UK to travel to Jamaica for his last years, despite him lacking the mental capacity to make the decision himself, a High Court judge has ruled.’
Local Government Lawyer, 20th September 2022
Source: www.localgovernmentlawyer.co.uk
‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
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