A Health and Social Care Trust v X et al

Mental Capacity Law Cases

A Health and Social Care Trust v X et al


Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances.  The case concerned… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations 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

DR v Lithuania


Summary A lady in her 60s was ordered by a court to be subject to a psychiatric assessment to consider her criminal responsibility for an alleged offence. She was taken… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

RB v United Kingdom


Summary[1] When he was 31, RB experienced a significant head injury, including frontal lobe damage, which resulted in an organic personality change and physical disabilities. He was discharged from hospital… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Director of Legal Aid Casework et al v Briggs


Summary The Court of Appeal has overturned the decision of Charles J that he could, within the scope of MCA s.21A proceedings (and hence non-means-tested legal aid), consider whether life-sustaining treatment should… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

Liverpool City Council, Nottinghamshire County Council, LB of Richmond upon Thames and Shropshire Council v SSH


Summary This case was brought by four local authorities challenging what they described as the Government’s “ongoing failure to provide full, or even adequate, funding for local authorities in England… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Re: W


Summary This recently published judgment from 2016 considers who is responsible for monitoring standard authorisation conditions. Managing authorities must comply with them, but who guards the guards? In the absence… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, DOLS RPR Date

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

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

Briggs v Briggs


Summary   In this case, Charles J had to decide whether it was possible for the question of whether it is a person’s best interests to continue to be given… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

N v A Local Authority


Summary This was a second s.21A challenge, the first being reported as Y County Council v ZZ [2012] EWCOP B34, where Moor J upheld the supervision arrangements. It concerned a… Read more »

CategoryBest interests - Contact, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact Date

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