E & F (Minors: Blood Transfusion)

E & F (Minors: Blood Transfusion)

How should the Court exercise its power to overrule the decision of a competent minor? Summary In E & F (Minors: Blood Transfusions), the Court of Appeal considered appeals brought… Read more »

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MM v A City Council

Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

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A Local Authority v JB

Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »

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Re ZK (No.2)

Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … Read more »

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A Local Authority v P and A CCG

Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »

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A NHS Foundation Trust v An Expectant Mother

Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia.  She had only left her house on a handful… Read more »

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Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in this case.   DY had just… Read more »

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A Mental Health Trust v ER and An NHS Foundation Trust

Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

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C (Capacity to Access the Internet and Social Media)

Summary In a short judgment delivered in April 2020, but only appearing on Bailii in September 2021, HHJ Mark Rogers made two striking observations about capacity.   The first was specific… Read more »

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HD (Capacity to Engage in Sexual Relations)

In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »

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