A Local Authority v P and A CCG

Mental Capacity Law Cases

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 NHS Foundation Trust v An Expectant Mother


Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia.  She had only left her house on a handful… Read more »

CategoryBest interests, Birth arrangements, Birth arrangements, Mental Capacity - Birth arrangements Date

Re DY


Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in this case.   DY had just… Read more »

CategoryMental capacity - Sexual relations, Mental capacity Date

A Mental Health Trust v ER and An NHS Foundation Trust


Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Litigation, Best interests, Mental capacity Date

C (Capacity to Access the Internet and Social Media)


Summary In a short judgment delivered in April 2020, but only appearing on Bailii in September 2021, HHJ Mark Rogers made two striking observations about capacity.   The first was specific… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

HD (Capacity to Engage in Sexual Relations)


In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »

CategoryMental capacity - Sexual relations, 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

A Local Authority v M, F, A and B


These family proceedings considered whether two young children should be placed in long-term foster care or for adoption. But we cover it because useful lessons were identified which can be… Read more »

CategoryMental capacity - Litigation, Practice and procedure - MCA tools, Mental capacity, Practice and procedure, Other proceedings, Family (public law) Date

NB v MI


Summary In this case Mostyn J considered – and refused – an application for a declaration under the inherent jurisdiction that NB’s Pakistani marriage to her husband MI was not… Read more »

CategoryMental capacity - Marriage, 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

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email