Re ZK (No.2)

Mental Capacity Law Cases

Re ZK (No.2)


Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … Read more »

CategoryMental capacity, Best interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment Date

Hull City Council v A & Ors


Summary In this case, Poole J was concerned with – in effect – what was less bad: allowing a woman with dementia to remain at home in the care of… Read more »

CategoryBest interests - Contact, Best interests Date

Re BU


Summary How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance an existence where the… Read more »

CategoryBest interests - Contact, Best interests Date

A Local Authority v TA & Ors


Summary The contours of this difficult case were sketched out economically in the opening paragraphs of the judgment: This case concerns the health, welfare, and care of GA, an 87-year-old… Read more »

CategoryBest interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment, Mental capacity Date

ZK (Landau-Kleffner Syndrome: Best Interests)


Summary In this case, the court considered the residence and contact arrangements for a 37 year old man, and the place within those decisions for his wishes and feelings. ZK… Read more »

CategoryBest interests - Residence, Best interests, Best interests - Contact Date

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

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