Hounslow CCG v RW

Mental Capacity Law Cases

Hounslow CCG v RW


Summary[1] In the sequel to the case of Re RW Hayden J had to consider what arrangements should be made for RW, a 78 year old with vascular dementia, many… Read more »

CategoryBest interests - Medical treatment Date

East Lancashire Hospitals NHS Trust v PW


Summary The decision in this case is of real importance for its reminder of the obligations on treating hospitals where an application may need to be made in relation to… Read more »

CategoryBest interests - Medical treatment Date

DCC v NLH


In this case Baker J (as he then was, although the judgment was given after he had become a Court of Appeal judge) considered an application for an order permitting… Read more »

CategoryBest interests - Medical treatment Date

LB Hackney v SJF


Summary This case concerned the care and residence of a 56 year old woman with significant physical health problems as well as schizophrenia and a learning disability.  She had lived… Read more »

CategoryBest interests - Residence, Mental capacity - Contact, Mental capacity - Residence Date

CB v Medway Council & Anor


Summary This unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis…. Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact, Mental capacity - Residence, Social Media Date

Re A (Capacity: Social Media and Internet Use: Best Interests); Re B(Capacity: Social Media: Care and Contact)


Summary[1] In two linked judgments, Cobb J has outlined the relevant, and irrelevant, information for purposes of deciding whether a person has capacity to make decisions about internet and social… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Social Media Date

Southend-on-Sea Borough Council v Meyers


Summary[1] This is the follow up to the permission decision of Baker LJ reported as Re BF, and represents the substantive hearing of the application before Hayden J for declarations… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

DM v Dorset County Council


Summary[1] This is a (relatively) rare decision about capacity to conduct proceedings.  It concerns an application for permission to appeal a determination of HHJ Dancey that a man, DM, lacked… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity - Litigation Date

Fernandes de Olivera v Portugal


Summary The Grand Chamber of the European Court of Human Rights, in a majority decision, has identified the obligations arising under Article 2 ECHR in the context of voluntary patients… Read more »

CategoryCRPD Date

Kings College London NHS Trust v FG


This case concerned FG, a 37 year old man with schizophrenia, who was being cared for at SLAM, apparently detained under the MHA 1983.  He sustained a fracture and dislocation… Read more »

CategoryBest interests - Medical treatment Date

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