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Mental Capacity Law Cases
B v A Local Authority
Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »
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 »
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 »
Re A (Capacity: Social Media and Internet Use: Best Interests); Re B(Capacity: Social Media: Care and Contact)
Summary[1] In two linked judgments, Cobb J has outlined the relevant, and irrelevant, information for purposes of deciding whether a person has capacity to make decisions about internet and social… Read more »
Re FX
Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »
RB Greenwich v CDM
Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1] While there was a dispute between the applicant local authority and… Read more »
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 »
R(Cornwall) v SSH
This case concerned the ordinary residence of P, who has severe physical and learning disabilities and lacks the capacity to decide where to live. He lived with his parents in… Read more »
Wandsworth CCG v IA & TA
Summary: This case is a model of the approach to the assessment of the capacity to decide as to (1) ongoing medical treatment; (2) future residence and care; and (2)… Read more »
R(Greenough) v Ministry of Justice
Summary: This case bears short note as an acute example of the dilemma that faces professionals confronted with a truly unwise decision. The Claimant’s brother, a Mr Shovelton, suffered from… Read more »
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