Wakefield MDC and Wakefield CCG v DN and MN

Mental Capacity Law Cases

Wakefield MDC and Wakefield CCG v DN and MN


Summary[1] DN was a 25 year old man described as having a severe form of autism, a general anxiety disorder and traits of emotionally unstable personality disorder.  He was ‘not… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date

Redcar and Cleveland BC v PR and others


Summary[1] In this case, Cobb J was concerned with a 32 year old woman who had recently been affected by mental health problems which had resulted in admission to hospital… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date

The Hospital v JJ


Summary JJ was 23 and lived with his parents. Months earlier he had been diagnosed with type 1 insulin dependent diabetes which he was struggling to come to terms with…. Read more »

CategoryMedical treatment - Treatment withdrawal, Medical treatment - Deprivation of liberty 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

CB v Medway Council & Anor


Summary This unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis…. Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact, Mental capacity - Residence, Social Media Date

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

Re CA (Natural Delivery or Caesarean Section)


Summary This case concerned a 24 year old woman, CA, with a diagnosis of autism and a mild learning disability who, it was thought, had undergone some form of female… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Contact Date

N v A Local Authority


Summary This was a second s.21A challenge, the first being reported as Y County Council v ZZ [2012] EWCOP B34, where Moor J upheld the supervision arrangements. It concerned a… Read more »

CategoryBest interests - Contact, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact Date

AG v BMBC & Anor


Summary In this case, District Judge Bellamy has given some rare, and useful, clarification as to the seriousness of the consideration that must be given to the use of covert… Read more »

CategoryMedical treatment - Deprivation of liberty, Statutory wills - Statutory wills Date

WBC v Z and others


Summary This case concerned a 20 year old woman with Aspergers syndrome and an IQ in the range 70-75. In June 2014 the local authority where Z lived issued proceedings… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Contact, Mental capacity - Residence Date

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