Category: Court of Protection

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

Posted November 23rd, 2021 in coronavirus, Court of Protection, families, hospitals, human rights, medical treatment, news by sally

‘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”.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by sally

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

Posted November 1st, 2021 in appeals, care workers, Court of Protection, criminal justice, disabled persons, human rights, news, prostitution, sexual offences by sally

‘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”).’

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UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

Posted October 26th, 2021 in appeals, autism, carers, Court of Protection, disabled persons, learning difficulties, news, prostitution, sexual offences by sally

‘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.’

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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

Posted October 21st, 2021 in coronavirus, Court of Protection, family courts, news, remote hearings by sally

‘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.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Jehovah’s Witnesses, blood transfusions and capacity: PW – Law & Religion UK

Posted October 20th, 2021 in blood products, Christianity, consent, Court of Protection, medical treatment, news by sally

‘In PW (Jehovah’s Witness: Validity of Advance Decision), Re [2021] EWCOP 52, Mrs W, aged 80, had Alzheimer’s. She was seriously ill in hospital with potentially fatal internal bleeding from a gastric tumour and the evidence was that a blood transfusion and surgery could mean that she would live for another five to ten years. However, she had been a practising Jehovah’s Witness for most of her adult life. Her medical team had concluded that she lacked capacity to make decisions about her treatment, but she had made an advance decision in 2001 – which appeared to have been held on a register of such decisions made by Jehovah’s Witnesses – to refuse blood or blood products even if her life was in danger. All parties accepted that the advance decision had been properly made.’

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Law & Religion UK, 19th October 2021

Source: lawandreligionuk.com

Society voices ‘genuine concerns’ about power of attorney reforms – Law Society’s Gazette

Posted October 15th, 2021 in consultations, Court of Protection, Law Society, Ministry of Justice, news, Office of the Public Guardian, powers of attorney by sally

‘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.’

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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

Posted October 8th, 2021 in consultations, Court of Protection, mental health, Ministry of Justice, news, parliament, powers of attorney by sally

‘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.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by sally

‘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.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

What Are Deputyships And What Do They Mean For Our Rights? – Each Other

Posted August 19th, 2021 in Court of Protection, deputyship, disabled persons, news, Office of the Public Guardian by sally

‘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.’

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Each Other, 18th August 2021

Source: eachother.org.uk

Judge to decide if Covid patient should be allowed to die – BBC News

Posted August 19th, 2021 in consent, coronavirus, Court of Protection, families, hospitals, medical treatment, news by sally

‘A judge has been asked to decide if a woman left brain damaged and paralysed from the neck down after contracting Covid-19 should be allowed to die.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing – Local Government Lawyer

Posted August 16th, 2021 in autism, consent, coronavirus, Court of Protection, learning difficulties, news, vaccination by sally

‘A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.’

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Local Government Lawyer, 16th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted July 27th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 13th July 2021

Source: spirebarristers.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

Posted July 15th, 2021 in coronavirus, Court of Protection, electronic filing, family courts, local government, news, remote hearings by sally

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

Posted July 6th, 2021 in appeals, civil procedure rules, costs, Court of Protection, families, local government, news by sally

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

Posted July 6th, 2021 in children, consultations, coronavirus, Court of Protection, families, family courts, Law Society, news, remote hearings by sally

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

Posted July 2nd, 2021 in alcohol abuse, alcoholism, Court of Protection, expert witnesses, local government, news by sally

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

Posted June 10th, 2021 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, news by sally

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian

Posted May 14th, 2021 in birth, Court of Protection, health & safety, hospitals, mental health, news, pregnancy, restraint by sally

‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’

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The Guardian, 14th May 2021

Source: www.theguardian.com