In the matter of D (A Child)

Mental Capacity Law Cases

In the matter of D (A Child)

Summary The Supreme Court has held (by a majority) where a 16 or 17 year old child cannot (or does not) give their own consent to circumstances satisfying the ‘acid… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

Wakefield MDC and Wakefield CCG v DN and MN

Summary[1] DN was a 25 year old man described as having a severe form of autism, a general anxiety disorder and traits of emotionally unstable personality disorder.  He was ‘not… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date

Redcar and Cleveland BC v PR and others

Summary[1] In this case, Cobb J was concerned with a 32 year old woman who had recently been affected by mental health problems which had resulted in admission to hospital… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date


 In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

Guy’s and St Thomas’ NHS Foundation Trust v X

Summary This case concerned the obstetric care and delivery of X, a young woman who had a number of different mental health diagnosis including bipolar disorder, schizoaffective disorder and personality… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment Date

Re M (Children) (Disclosure to the Police)

Summary This was an appeal to the Court of Appeal by parents against a decision of Keehan J’s in care proceedings, acceding to an application brought by the police for… Read more »

CategoryPractice and procedure - Other Date

Bashir v Bashir

Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »

CategoryDeputies - Financial and property affairs Date

Birmingham CC v SR; Lancashire CC v JTA

Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »

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

LB Tower Hamlets v NB & AU

Summary Hayden J has made further observations about the test for capacity to consent to sexual relations.  We use the term “observations” advisedly, because his judgment does not, in fact,… Read more »

CategoryMental capacity - Sexual relations Date

Re AB (Termination of Pregnancy)

Summary[1] The question arose for determination whether it was in the best interests of a young woman with moderate learning disabilities to undergo a termination.  Matters proceeded at speed in… Read more »

CategoryBest interests - Medical treatment, Best interests, Childbirth Date


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