A Local Authority v TA & Ors

Mental Capacity Law Cases

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

Newcastle City Council v TP and FW


Summary and Comment In a trilogy of judgments, HHJ Moir made findings of fact, determined mental incapacity, and made best interests decisions on behalf of a lady in her 60s… Read more »

CategoryBest interests - Residence Date

P v Surrey County Council and Surrey Downs CCG


Summary P was 26 years old with severe learning disability and autistic spectrum disorder. His placement broke down and he was urgently moved into a care home on 5 September… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, COP jurisdiction and powers - Interface with public law jurisdiction Date

Bedford Borough Council v (1) Mrs LC (2) Mr C


Summary This case concerned LC’s (Mrs C’s) best interests in relation to residence, contact with her husband and a deprivation of her liberty. Mrs C was a 74 year old… Read more »

CategoryBest interests - Residence Date

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