Birmingham City Council v D and W

Mental Capacity Law Cases

Birmingham City Council v D and W


Summary[1] This is the sequel to Trust A v X and A Local Authority [2015] EWHC 922 (Fam), summarised here. In the first instalment, a 15-year-old boy – who had… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 8 ECHR - Residence Date

KC v Poland


Summary KC was 72, widowed, and under the apparent care of a social guardian, having previously been declared to be partially incapacitated. Following an application by social services to place… Read more »

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

R (Cornwall Council) v SoS for Health & Ors


Summary: This very important decision of the Court of Appeal overturns the decision of Beatson J that we reported upon in December 2012 and will require the Department of Health… Read more »

CategoryArticle 8 ECHR - Residence Date

DD v Lithuania


Summary: DD had suffered from mental disorder since the age of 16 when she discovered she was adopted. More than 20 hospital admissions had resulted in various diagnoses, the most… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 8 ECHR - Residence, Mental Health Act 1983 - Guardianship Date

K v LBX & Others


Summary: The Court of Appeal was asked to determine whether ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental… Read more »

CategoryBest interests - Residence, Article 8 ECHR - Residence Date

FP v HM & A Health Board


Summary: GM was a 79 year-old man with mixed vascular dementia provoked by alcohol damage who lived with his partner, FP, and her son. Having been detained for assessment under… Read more »

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

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