MM v A City Council

Mental Capacity Law Cases

MM v A City Council


Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

A Local Authority v JB


Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity Date

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 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

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