Birmingham CC v SR; Lancashire CC v JTA

Mental Capacity Law Cases

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

BHCC v KD


Summary KD was an 80-year-old lady with a long history of schizophrenia, slowly progressive dementia and a Parkinsonian syndrome. Previously detained under s.3 MHA 1983, she was now deprived of… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility Date

KD v A Borough Council and others


Summary KD had Korsakov’s Syndrome and, following his detention under the Mental Health Act 1983, had been subject to guardianship since 2012. He was required to reside in a care… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

A Local Health Board v AB


Summary If there ever had been reason to doubt that Schedule 1A to the MCA 2005 is irredeemably flawed, this case is it. The facts of the case are tragic,… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA Date

NM v Kent County Council


This judgment considers the relationship between DoLS and guardianship. Mr M was in his early forties and was described as having mild learning disability and paedophilic sexual interests. He had previously set fires alight, been verbally and physically aggressive, hoarded materials relating to children, and sought to contact them by dropping notes in the street inviting them to contact him.

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

Northamptonshire Healthcare NHS Foundation Trust & Others v ML & Others


Summary: ML was 25 years of age with severe learning disability, developmental disorder, autism, epilepsy and diabetes. Save for one hospital admission, he had lived and been cared for in… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility Date

A PCT v LDV, CC & B Healthcare Group


Summary: L was a former Winterbourne View patient. She was 33 years old and suffered from a mild learning disability and emotionally unstable personality disorder. On 25 May 2012, a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS Ineligibility, Medical treatment - Deprivation of liberty Date

A Local Authority v E & Others


Summary: E was a 32-year-old intelligent and articulate woman who had studied to be a doctor. Suffering from severe anorexia nervosa, emotionally unstable borderline personality disorder, alcohol and prescribed opiate… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Medical treatment - Treatment withdrawal, Medical treatment - Deprivation of liberty Date

Re M


Summary: As presaged in last month’s edition, Mostyn J determined just before Christmas an unprecedented application under Schedule 3 MCA 2005 for recognition and enforcement of an Order of the… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Guardianship Date

BB v AM & Others


Summary: In this case, Baker J was concerned with a thirty-one year old Bangladeshi woman known as BB. She was said to have very complex needs, being profoundly deaf and… Read more »

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

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