Mental Capacity Cases

Summary This case concerned the health and welfare of a 60 year old man, Mr K, and in particular the relief necessary to protect him from his resistance to the treatment of his chronic bilateral venous leg ulcers.  He was subject to a standard autho... Read more  

Summary The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding aftercare under s.117 MHA 1983.  In R (on the application of Worcestershire County Council) v Secretary of State for Health and Socia... Read more  

Summary  This case concerned an application by Kings College Hospital for permission to withdraw life sustaining treatment from a young man, X, who was 27 years old. The application was opposed by members of his family, with X’s father, Y, acting as... Read more  

Summary This decisions raises starkly the limits of autonomy in healthcare decision-making.   As a result of a rare genetic condition, X-linked hypophosphatemia, JJ was quadriplegic and without teeth. While his cognitive and communication skills we... Read more  

The decision of Poole J in Hillingdon Hospitals NHS Foundation Trust v IN & Ors [2023] EWCOP 32 is of wider relevance for two reasons.  The first related to observations made in the course of the substantive determination of the application.  The... Read more  

Summary The appellant, Dr Philip Esper, brought an appeal against by a decision of District Judge Beckley to name him in committal proceedings in the Court of Protection relating to his relative, AB.  The contempt and committal proceedings.  DJ Bec... Read more  

Summary Short note  In Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection - Deputyship) [2023] EWHC 1568 (Ch), HHJ Hodge KC (sitting as a Judge of the High Court) had to consider the question of whether a former e... Read more  

Summary  Gloucestershire Health & Care NHS Foundation Trust v FD & Ors [2023] EHWC 2634 (Fam) concerned the capacity and best interests of a 29 year old woman who first developed anorexia around the age of 4 or 5, and who had been in one med... Read more  

Summary This application concerned Y, who was in her early twenties.  Y had been diagnosed with autistic spectrum disorder as a child. Her education records reveal difficulties with learning but she remained in mainstream education and was provided ... Read more  

Summary RB was a 29 year old woman diagnosed with Autism Spectrum Disorder. Since 2015 she had been selectively mute, and chose to communicate in writing or by pointing to words on an alphabet board.  She had rheumatoid arthritis and was found in 20... Read more  

Summary  Jackie Maguire lacked capacity to make relevant decisions and was subject to a standard DoLS authorisation in a care home. Weeks before her death, she began to experience symptoms of a sore throat, diarrhoea, vomiting, and a raised temperat... Read more  

Summary This case concerned the question of whether specific authorisation is required to administer physical health treatment under conditions of restraint to a person detained under the Mental Health Act 1983 who lacks the capacity to consent to t... Read more