R(BL) v LB Islington

Mental Capacity Law Cases

R(BL) v LB Islington


Summary This case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, Other proceedings, Judicial Review Date

MM v A City Council


Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG


Summary[1] When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty in the community?   In 2018, the Supreme Court… Read more »

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

Nottinghamshire County Council v LH, PT and LT; Nottinghamshire v LH, PT and LT (No. 2)


Summary In these two judgments, decided five days apart, Poole J considered the authorisation of the deprivation of a deprivation of liberty of a 12-year-old girl, LT, in an acute… Read more »

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

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

AEL


In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. … Read more »

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

A County Council v KK & Oths


Summary In this case, Lieven J considered whether a “community DoL” order that had been in place in respect of an 18 year old woman (“JK”) since January 2020 should… Read more »

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

LB Haringey v Emile


Summary[1] This is a rare example of a contested determination of damages for deprivation of liberty in the context of DoLS.  It arose out of a claim by the local… Read more »

CategoryArticle 5 ECHR, Article 5 ECHR - Damages Date

Re Z (A Child: Deprivation of Liberty: Transition Plan)


In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »

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

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors


In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty.   They… Read more »

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

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