Re ZK (No.2)

Mental Capacity Law Cases

Re ZK (No.2)


Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … 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

A Local Authority v P and A CCG


Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »

CategoryMental capacity - Contact, Medical treatment - Deprivation of liberty, Medical treatment, Mental capacity Date

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

AMDC v AG and CI (No. 2)


Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, 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

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

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