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Mental Capacity Law Cases
AM-V v Finland
In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet of the interpretation of Article… Read more »
N v ACCG
Summary[1] The Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services… Read more »
A Local Authority v X (2)
Summary In the sequel to the case that we reported in our last Newsletter, concerning whether the Court of Protection should embark upon a full capacity determination in respect of… Read more »
Tinsley v Manchester City Council and others
Summary In this case P had received a large personal injury award in 2005 as a result of a serious brain injury. He had been compulsorily detained under the Mental… Read more »
A Local Authority v X
Summary In this case, Holman J took a very Re MN-style case management decision in relation to the question of whether it was necessary to proceed with a full hearing to… Read more »
North Yorkshire CC v MAG & Another
Summary[1] This appeal against the decision of District Judge Glentworth that we covered here raises important issues about the task of the court when considering whether to approve arrangements amounting… Read more »
North Yorkshire County Council v MAG & Ors
Summary MAG was a young man born on 2 November 1980 and was 34 years old. As a result of perinatal trauma he suffered from autism, ataxic cerebral palsy, hearing… Read more »
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 »
In the Matter of MN (Adult)
As Sir James Munby P, giving the lead judgment of the Court of Appeal noted, this appeal “raise[d] fundamental questions as to the nature of the Court of Protection’s jurisdiction and, in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.” The Court of Appeal also took the opportunity to give guidance as to conduct of welfare proceedings before the Court of Protection and to clarify when decisions, rather than declarations, should be sought.
ACCG & Anor v MN & Anor
Summary: At the final hearing of an application for declarations as to where a young man should live (and receive education and care), and for regulation of his contact with… Read more »
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