Re S (Child as parent: Adoption: Consent)

Mental Capacity Law Cases

Re S (Child as parent: Adoption: Consent)


Summary We briefly mention this decision because it is the first time MCA-concepts and language have been expressly endorsed and adopted when assessing the Gillick competence. In short, S was… Read more »

CategoryMental capacity - Assessing capacity Date

Tinsley v Manchester City Council & Ors


Summary We reported on this case at first instance, the facts being found here. The Court of Appeal defined the question before them as “whether a person who has been… Read more »

CategoryDeputies - Financial and property affairs Date

In the matter of D (A Child)


Summary[1] This significant ruling by the Court of Appeal concerns the extent to which parents are able to consent to the confinement of their incapacitated children in light of Cheshire… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

Penn v Revill


Summary In this case, Dingemans J was asked to consider whether the provisions of CPR 21.10 are incompatible with the rights protected by article 14 of the European Convention on… Read more »

CategoryOther proceedings - Civil Date

The Hospital Trust v Miss V


Summary Miss V was a 21 year old woman with a severe learning disability, cerebral palsy and epilepsy.  She is described in the judgment as having the understanding of a… Read more »

CategoryBest interest - Contraception Date

LB Wandsworth v M & Ors


Summary In LB Wandsworth v M & Ors, Hayden J was faced with a significant problem in relation to a child about to turn 18.  The solution that he adopted,… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Medical treatment - Treatment withdrawal Date

M v A Hospital


Summary[1] In M v A Hospital Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there… Read more »

CategoryMedical treatment - Treatment withdrawal Date

SCC v MSA & Ors


Summary[1] District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

RB v United Kingdom


Summary[1] When he was 31, RB experienced a significant head injury, including frontal lobe damage, which resulted in an organic personality change and physical disabilities. He was discharged from hospital… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

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