In the Matter of SW

Mental Capacity Law Cases

In the Matter of SW


Re SW is a quite extraordinary case that came before Sir James Munby P in March of this year. The Applicant brought an application for a declaration that an allogeneic… Read more »

CategoryPractice and procedure - Other Date

Liverpool City Council, Nottinghamshire County Council, LB of Richmond upon Thames and Shropshire Council v SSH


Summary This case was brought by four local authorities challenging what they described as the Government’s “ongoing failure to provide full, or even adequate, funding for local authorities in England… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Re: W


Summary This recently published judgment from 2016 considers who is responsible for monitoring standard authorisation conditions. Managing authorities must comply with them, but who guards the guards? In the absence… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, DOLS RPR Date

London Borough of Brent v (1) SL (by her litigation friend, the Official Solicitor) (2) NL


Summary This case concerned SL, a 60 year old woman with a diagnosis of schizophrenia and obsessive compulsive disorder. The central issue in this case was whether SL had capacity… Read more »

CategoryMental capacity - Litigation Date

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

AM-V v Finland


In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet of the interpretation of Article… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

N v ACCG


Summary[1] The Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

A Local Authority v D & Ors


Summary [1]  This case concerned C, a 15 year old man who had been made the subject of a care order in favour of the local authority. The local authority… Read more »

CategoryArticle 5 ECHR - Children and young persons Date

Abertawe Bro Morgannwg University LHB v RY and CP


Summary The central issue in this case was whether it remained in the best interests of a 81-year-old man, RY, to receive deep suctioning via a tracheostomy which the court… Read more »

CategoryMedical treatment - Treatment withdrawal Date

PI v West London Mental Health NHS Trust


Summary How should the First-tier Tribunal (Mental Health) react when, during the course of a tribunal hearing, it appears that the patient no longer has capacity to appoint or instruct… Read more »

CategoryMental capacity - Litigation Date

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