CH v A Metropolitan Council

Mental Capacity Law Cases

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

Djaba v West London MH Trust and others


Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA 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

J Council v GU & Ors


Summary: This judgment considers the right to respect for private life in the context of a deprivation of liberty. Although the final order in the case was agreed between the… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty Date

A Council v X, Y & Z


Summary: This decision is the sequel to that reported as HBCC v LG (by her Litigation Friend the Official Solicitor), JG and SG [2010] EWHC 1527 (Fam), concerning the best… Read more »

CategoryArticle 8 ECHR - Contact, Best interests - Contact Date

LBB v JM, BK & CM


Summary: This case, a transcript of which has only recently been made available, is a judgment of Mr Justice Hedley in a case concerning allegations of sexual abuse against the… Read more »

CategoryArticle 8 ECHR - Contact, Best interests - Contact, Article 8 ECHR - Safeguarding Date

City of Sunderland v MM & Others


Summary: This judgment is of some importance because, on the very specific facts of the case, HHJ Moir declared that the Article 8 rights of a person other than P… Read more »

CategoryArticle 8 ECHR - Contact, Best interests - Contact, Mental capacity - Assessing capacity Date

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