Mental Capacity Cases
Hull City Council v KF
Summary
KF wanted to spend one last night with her long-term partner, days before he was due to be imprisoned for causing her grievous bodily harm. Given the absence of bail conditions, whether this could happen depended upon her capacity to make th...
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Best interests - Contact
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Mental capacity
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Mental capacity - Sexual relations
XX v West Northamptonshire Council & Anor
XX was an 89-year-old man who had come from Jamaica to the UK to live and work in the 1960s. XX had been living in a care home since December 2020. An application was brought by AA, one of XX’s nieces, and asked the court to consider whether it is in...
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Best interests - Residence
A Mental Health Trust v BG
Summary
In A Mental Health Trust v BG, the court considered an application for declarations that BG lacked capacity to make decisions about her care and treatment, including nutrition and hydration, and that it was in BG’s best interests that no fur...
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Best interests - Medical treatment
South Tyneside and Sunderland NHS Foundation Trust v SA
Summary
This case concerned the medical treatment of SA, a 22 year old man with a diagnosis of Autistic Spectrum Disorder, Severe Learning Disabilities, Communication difficulties and Attention Deficit Hyperactivity Disorder. Due to his needs SA has...
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Best interests - Medical treatment
A NHS Foundation Trust v G and others
Summary
A 27-year-old woman with a rare and profound degenerative neurological condition which affected the entirety of her central nervous system had been in hospital since 2008. The condition was progressive and was neither receptive to treatment ...
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COP Jurisdiction and powers - Injunctions
Imperial College Healthcare NHS Trust v Mrs C and Others
Summary
This case concerned the medical best interests of Mrs C, a 77-year old woman in ICU, having been admitted to hospital following a fall. She had a background of hypertension, diabetes, and transient ischemic attacks. She had gallstones, arthr...
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Best interests - Medical treatment
Reading Borough Council v P & Ors
P was an 86-year-old and had moved to the UK from Iran in 2002. She suffered from dementia, and in consequence of this had lost the ability to communicate in English (having grown up speaking Farsi). Until 2020, she lived with her daughter KS. In Jun...
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Best interests - Residence
Miklić v Croatia
SummaryA child committed offences of intrusive behaviour and threats while lacking mental capacity. Relying on psychiatric and psychological expert opinions, the court placed him in a psychiatric hospital. His requests for fresh expert opinion were s...
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Article 5 ECHR
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Article 5 ECHR - DOLS authorisations
Re AB (A Child: human rights)
SummaryAB was 13 and a special guardianship order was made in favour of his paternal grandmother as his parents were unable to care for him. He was diagnosed with autism, oppositional defiant disorder and attachment issues, and further problems devel...
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Article 5 ECHR - Children and young persons
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Article 5 ECHR
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Inherent jurisdiction
Hughes v Pritchard, Hughes and Hughes
In Hughes v Pritchard and Ors [2022] EWCA Civ 386, the Court of Appeal allowed the appeal of the Claimant in a probate action, whose claim to prove the Will of his late father had been dismissed on the grounds that the testator lacked mental capacity...
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Mental capacity
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Testamentary capacity
Re Q
SummaryQ was a 50 year old woman with longstanding bulimia nervosa, and diagnoses of various mental health disorders including EUPD and recurrent depression, arising from childhood sexual abuse and trauma. She had been detained under the MHA 1983 a...
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Best interests - Medical treatment
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Mental Health Act 1983 - Interface with MCA
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Best interests
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Pennine Care NHS Foundation Trust v Mrs T & Ors (Rev1)
Summary
In Pennine Care NHS Foundation Trust v Mrs T and Others, Morgan J considered a proposal to sedate and feed ‘Amy’, a 17-year-old detained under the Mental Health Act 1983 who was in a perilous physical state after refusing to eat for over two...
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Best interests - Medical treatment
