N v A Local Authority

Mental Capacity Law Cases

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

Mrs P v Rochdale Borough Council & Others


Summary Mrs P’s deprivation of liberty was authorised in a nursing home. By the time of the final hearing in the MCA section 21A proceedings, place of residence was not… Read more »

CategoryArticle 8 ECHR - Contact, Best interests - Contact, Best interests - P's wishes, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

Staffordshire CC v SRK & ors


Summary SRK acquired a brain injury following a road traffic accident, necessitating 24-hour care. The compensation funded the purchase of an adapted bungalow and his care regime. The effects of… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Deputies - Welfare matters, Article 5 ECHR - DOLS authorisations Date

Re Daniel X


Summary Daniel X is the youngest (reported) person since Cheshire West to satisfy the nuanced acid test. He was 10 years old with severe autistic disorder and severe learning disability… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR - DOLS authorisations, Family (public law), Safeguarding Date

Secretary of State for Justice v KC and C Partnership NHS Foundation Trust


Summary Ever since the decision in SSJ v RB [2011] EWCA Civ 1608 it has been difficult to discharge restricted patients from detention under the Mental Health Act 1983. Often… Read more »

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

P v Surrey County Council and Surrey Downs CCG


Summary P was 26 years old with severe learning disability and autistic spectrum disorder. His placement broke down and he was urgently moved into a care home on 5 September… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, COP jurisdiction and powers - Interface with public law jurisdiction Date

AJ v a Local Authority


Summary In an extremely important judgment, Baker J has given detailed guidance as to the heavy burden that is placed upon local authorities in making sure that deprived of their… Read more »

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

Milton Keynes Council v RR & Ors


Summary: This case concerned an elderly lady with dementia who had been removed from her home by Milton Keynes Council in October 2012 following safeguarding concerns about her welfare, which… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Re UF


Summary: UF, aged 84, suffered from vascular dementia of a moderate level. She had lived at home alone for some years until, after her release from detention under s.2 MHA… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Re M (Best Interests: Deprivation of Liberty)


Summary: This successful s21A appeal was brought by M, a 67 year old woman, through her IMCA as litigation friend, who had been resident in a care home since June… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

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