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Mental Capacity Law Cases
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 »
R (Afework) v London Borough of Camden
Summary: Mr Afework had been discharged from detention under the Mental Health Act 1983 (‘MHA’) in July 1993 and had since then been living in Council tenancies, receiving housing benefit…. Read more »
R (Cornwall Council) v SoS for Health & Ors
Summary: This community care case, a judicial review of a decision of the SoS for Health as to the ordinary residence of an adult lacking the capacity to decide where… Read more »
(Chatting) v (1) Viridian Housing (2) LB Wandsworth
Summary: This community care judicial review is of considerable importance for the very clear statement it contains as to the interaction between the MCA 2005 and public law. An elderly… Read more »
R (ET) v (1) Islington LBC (2) Essex CC
Summary: This judicial review decision in the context of the assessment of a risk posed to children by a sexual offender merits brief mention as shedding a light (by analogy)… Read more »
DM v Doncaster MBC & Secretary of State for Health
Summary: This case is not a Court of Protection case, but is of importance because of the detailed analysis conducted by Langstaff J of the provisions of the MCA 2005… Read more »
R (O) v London Borough of Hammersmith & Fulham
Summary: O was a child with complex care needs due in part to his severe autism. O’s parents considered that O needed to reside and be educated in one location… Read more »
McDonald v RB Kensington & Chelsea
Summary: We draw your attention to this important community care case because, in it, their Lordships (with a powerful dissent from Baroness Hale) make it clear that the scope for… Read more »
R (W) v London Borough of Croydon
Summary: This was a judicial review challenge on behalf of an autistic and learning disabled young adult whose care and residence was funded by the LB Croydon. It was argued… Read more »
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