Court of Protection case review – Local Government Lawyer
‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’
Local Government Lawyer, 28th January 2022
Source: www.localgovernmentlawyer.co.uk
Category: Court of Protection
The black box of the judicial visit to P – Local Government Lawyer
‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’
Local Government Lawyer, 10th December 2021
Source: www.localgovernmentlawyer.co.uk
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer
‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’
Local Government Lawyer, 26th November 2021
Source: www.localgovernmentlawyer.co.uk
‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette
‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’
Law Society's Gazette, 25th November 2021
Source: www.lawgazette.co.uk
100 people held more than 20 years in ‘institutions’ – BBC News
‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’
BBC news, 25th November 2021
Source: www.bbc.co.uk
“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog
‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
The authority of Property and Affairs Deputies – Local Government Lawyer
‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
The Court of Protection and Criminal Law – UK Human Rights Blog
‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’
UK Human Rights Blog, 30th October 2021
Source: ukhumanrightsblog.com
CoA overturns ruling in sex-worker visit case – Law Society’s Gazette
‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
Senior family judge gives “steer” on when hearings should be in-person, criticises speed of implementation of Public Law Working Group recommendations – Local Government Lawyer
‘The central theme running through the approach that should apply to whether hearings should be held in person, remotely or a hybrid is that the parties and their lawyers should normally be physically present at court on those occasions when an important decision may be taken, the President of the Family Division has suggested.’
Local Government Lawyer, 20th October 2021
Source: www.localgovernmentlawyer.co.uk
Society voices ‘genuine concerns’ about power of attorney reforms – Law Society’s Gazette
‘The Law Society has raised concerns about plans to make it easier to obtain lasting power of attorney (LPA), warning that sufficient safeguards must remain in place to protect the vulnerable.’
Law Society's Gazette, 14th October 2021
Source: www.lawgazette.co.uk
Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library
‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’
House of Commons Library, 6th October 2021
Source: commonslibrary.parliament.uk
“The most complex Covid patient in the world” – UK Human Rights Blog
‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’
UK Human Rights Blog, 13th September 2021
Source: ukhumanrightsblog.com
What Are Deputyships And What Do They Mean For Our Rights? – Each Other
‘There are two distinct types of deputyship: property and financial affairs deputyship (PFAP) and personal welfare deputyship (PWD). Approximately 375 PWDs and 15,000 PFAPs are applied per year.’
Each Other, 18th August 2021
Source: eachother.org.uk
