NG v Hertfordshire County Council & Ors

Mental Capacity Law Cases

NG v Hertfordshire County Council & Ors


The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been added to in this important decision by Lieven J, concerning… Read more »

CategoryBest interests - Contact, Best interests Date

Re LW


In this case Hayden J was concerned with a 60-year-old woman, LW.   She had been admitted to a specialist unit, initially detained under the MHA 1983, in a “truly parlous… Read more »

CategoryBest interests - Contact, Best interests Date

The Public Guardian v DJN


In this case P executed an LPA and subsequently became incapacitous. The OPG became concerned about the actions of the attorney and also about whether P had capacity to execute… Read more »

CategoryBest interests - Contact, Best interests Date

Lincolnshire County Council v Mr AB


Summary[1] Mr AB was a 51-year-old man with a diagnosis of moderate learning disabilities, autistic spectrum disorder, harmful use of alcohol and psychosis due to solvent abuse. Mr AB had,… Read more »

CategoryBest interests - Contact Date

Manchester City Council v LC & Anor


Summary[1] This case, concerning the sexual relationships of LC, a young woman with autism and a learning disability, received considerable public attention shortly before this judgment was handed down, a… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations Date

Re P (Sexual Relations and Contraception)


Summary This case concerned a young woman with learning disabilities, in respect of whom Court of Protection proceedings had been ongoing for a considerable period of time.  In 2012, the… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations, Best interest - Contraception Date

Leeds Teaching Hospital NHS Trust v JF


Summary A 46 year old lady, N, had breast cancer, and had only a number of months to live.  Whilst in the taxi on the way to the hospital to… Read more »

CategoryBest interests - Contact Date

SR v a Local Authority


Summary A couple had been married for 58 years, and were devoted to each other.  The wife developed dementia.  She initially attended a day care centre whilst living at home,… Read more »

CategoryBest interests - Contact Date

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

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