Barnsley Hospitals NHS Foundation Trust v MSP

Mental Capacity Law Cases

Barnsley Hospitals NHS Foundation Trust v MSP


In this case, Hayden J considered an application, initially made to him as the Out of Hours judge, for determination of the question of whether a Trust should continue to… Read more »

CategoryBest interests - Medical treatment Date

Re GTI


Summary GTI was a 45 year old man, with an established history of schizoaffective disorder. It had been controlled with psychotropic medication and he has lived in supported accommodation in… Read more »

CategoryBest interests - Medical treatment Date

United Lincolnshire Hospitals NHS Foundation Trust v Q


Summary[1] Q was 57-year-old woman, with profound and lifelong learning disabilities together with epilepsy. She also had impaired eyesight and was registered blind. She had mobility difficulties which necessitated the… Read more »

CategoryBest interests - Medical treatment Date

VE v AO & Ors


Summary In this case, Lieven J was asked to determine whether it was in the best interests of a terminally ill woman to leave the care home where she was… Read more »

CategoryBest interests - Residence, Best interests - Medical treatment, Best interests Date

A Clinical Commissioning Group v AF


Summary This case concerned AF, a man in his mid seventies who following a stroke in May 2016 was receiving Clinically Assisted Nutrition and Hydration (‘CANH’) via a PEG. The… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Mental capacity Date

University Hospitals Bristol NHS Foundation Trust v ED


Summary[1] In this case, Moor J had to consider whether treatment escalation would be in the best interests of a woman with learning disability.  The decision was made in the… Read more »

CategoryBest interests - Medical treatment Date

Sherwood Forest Hospitals NHS Foundation Trust v C


Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in relation to the treatment for… Read more »

CategoryBest interests - Medical treatment Date

Cardiff & Vale University Health Board v P


Hayden J has had to grapple with a further case in which delay in bringing a case to court has had serious consequences for the person. The case concerned a… Read more »

CategoryBest interests - Medical treatment Date

Re QJ


In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation under s.21A.  The man was,… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Children and young persons, Mental capacity - Medical treatment, Article 5 ECHR, Best interests, Mental capacity Date

Sherwood Forest Hospitals NHS Foundation Trust & Anor v H


This latest example of delay in bringing and then resolving an application relating to medical treatment was “not only inimical but […] potentially fatal” to the person in question.  It… Read more »

CategoryBest interests - Medical treatment, Practice and procedure - Other, Best interests, Practice and procedure Date

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