Birmingham Women’s and Children’s NHS Foundation Trust v JB

Mental Capacity Law Cases

Birmingham Women’s and Children’s NHS Foundation Trust v JB


Summary[1] In Birmingham Women’s and Children’s NHS Foundation Trust v JB [2020] EWHC 2595 (Fam), Hayden J provided an important clarification regarding MacDonald J’s judgment in Barts Health NHS Trust… Read more »

CategoryBest interests - Medical treatment, Deputies - Financial and property affairs, Medical treatment - Treatment withdrawal, Best interests, Deputies, Medical treatment Date

Re SB (Capacity Assessment)


Summary This case is the sequel to the decision [2020] EWCOP 32 that we reported previously, concerning a 30-year-old woman with moderate intellectual disability.   In May 2020, HHJ Richardson made… Read more »

CategoryMental capacity - Assessing capacity, Medical treatment, Mental capacity Date

A Local Authority v AW


Summary Characteristically, Cobb J delineated the issue to be decided in this case at the very outset: This judgment does not establish any great or new point of legal principle…. Read more »

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

A Local Authority in Yorkshire v SF


Summary This case concerned the decision-making capacity of AF, a 45 year old married woman with mild learning disability, type 2 diabetes, depression and frontal lobe dementia.  AF had problems… Read more »

CategoryMental capacity - Contact, Mental capacity Date

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

University Hospitals Bristol NHS Foundation Trust v RR


Summary RR was a 20 year old man who had been afflicted by aplastic anaemia for five years, and treatment, including a bone marrow transplant, had not been successful –… Read more »

CategoryBest interests - Medical treatment, Medical treatment 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

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