KD v A Borough Council and others

Mental Capacity Law Cases

KD v A Borough Council and others


Summary KD had Korsakov’s Syndrome and, following his detention under the Mental Health Act 1983, had been subject to guardianship since 2012. He was required to reside in a care… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

NM v Kent County Council


This judgment considers the relationship between DoLS and guardianship. Mr M was in his early forties and was described as having mild learning disability and paedophilic sexual interests. He had previously set fires alight, been verbally and physically aggressive, hoarded materials relating to children, and sought to contact them by dropping notes in the street inviting them to contact him.

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

DD v Lithuania


Summary: DD had suffered from mental disorder since the age of 16 when she discovered she was adopted. More than 20 hospital admissions had resulted in various diagnoses, the most… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 8 ECHR - Residence, Mental Health Act 1983 - Guardianship Date

Re M


Summary: As presaged in last month’s edition, Mostyn J determined just before Christmas an unprecedented application under Schedule 3 MCA 2005 for recognition and enforcement of an Order of the… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Guardianship Date

C v Blackburn with Darwen Borough Council & Others


Summary: This case concerned a 45 year old man with an acquired brain injury who suffered from mental health problems as well as lacking capacity to make decisions about his… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

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