‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’
Daily Telegraph, 29th April 2021
Source: www.telegraph.co.uk
‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’
Local Government Lawyer, 27th April 2021
Source: www.localgovernmentlawyer.co.uk
‘What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English.’
Law Pod UK, 27th April 2021
Source: audioboom.com
‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’
Mills & Reeve, 14th April 2021
Source: www.mills-reeve.com
‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’
Local Government Lawyer, 1st April 2021
Source: www.localgovernmentlawyer.co.uk
‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’
Law Society's Gazette, 15th March 2021
Source: www.lawgazette.co.uk
‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘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.’
Spire Barristers, 10th February 2021
Source: spirebarristers.co.uk
‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’
Local Government Lawyer, 27th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’
Local Government Lawyer, 17th December 2020
Source: www.localgovernmentlawyer.co.uk
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’
Law Pod UK, 30th November 2020
Source: audioboom.com
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