Re YC

Mental Capacity Law Cases

Re YC


Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person?    This question was posed before Senior Judge Hilder in… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR Date

DP v LB Hillingdon


Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations, Article 5 ECHR, Practice and procedure Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, Article 8 ECHR - Residence, Article 5 ECHR, Article 8 ECHR, Best interests Date

DL v LB Enfield


Summary In this case, a local authority respondent sought to challenge the jurisdiction of the Court of Protection in relation to s.21A applications, “to challenge what might colloquially be called… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, COP jurisdiction and powers - International jurisdiction 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

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

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