London Borough of X v MR, PD and AB

Mental Capacity Law Cases

London Borough of X v MR, PD and AB


Summary MR was an 86-year-old gentleman with advanced dementia who, during the first Covid emergency in April 2020, was discharged from hospital to a secular nursing home where he remained… Read more »

CategoryBest interests - Residence, Best interests Date

MM v A City Council


Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

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 »

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

AA v GA and An NHS Clinical Commissioning Group


Summary In this case, HHJ Pemberton considered a s.21A challenge to a standard authorisation of GA’s deprivation of liberty at ‘Placement A’. AA is GA’s mother, and GA’s care was… Read more »

CategoryBest interests - Residence, Best interests Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

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

Harrow Clinical Commissioning Group v IPJ & Ors


In Harrow Clinical Commissioning Group v IPJ & Ors [2018] EWCOP 44, SJ Hilder considered a classic situation of “only one option” in relation to a young man of 24,… Read more »

CategoryBest interests - Residence, Care Date

LB Hackney v SJF


Summary This case concerned the care and residence of a 56 year old woman with significant physical health problems as well as schizophrenia and a learning disability.  She had lived… Read more »

CategoryBest interests - Residence, Mental capacity - Contact, Mental capacity - Residence Date

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