A Healthcare, B NHS Trust v CC

Mental Capacity Law Cases

A Healthcare, B NHS Trust v CC


Summary This case concerned a 34-year-old man (‘CC’) with psychotic depression, mixed personality disorder who was deaf, had diabetes and was detained under s.3 of the Mental Health Act 1983…. Read more »

CategoryMental Health Act 1983 - Interface with MCA, COP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers, Mental Health Act 1983, Mental Health Act 1983 - Treatment for mental disorder Date

JK v A Local Health Board


Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Medical Treatment - Advanced decisions Date

Birmingham CC v SR; Lancashire CC v JTA


Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

M v ABM University Health Board


Summary With the Legal Aid Agency having taken more than a year to determine the patient’s funding application, this appeal finally reached the Upper Tribunal to consider the disclosure of… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

Djaba v West London MH Trust and others


Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA Date

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

Betsi Cadwaladr University Local Health Board v Miss W


Summary The potential tragedy in this case is summed up in its final paragraph: I know that W understandably considers that she has in some way failed. I certainly do… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

A Hospital NHS Trust v (1) CD (2) A Mental Health Trust


Summary The issue in this case was whether it was in the best interests of a 43 year old woman, CD, who suffered from paranoid schizophrenia to have a total… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

PJ v A Local Health Board and Others


Summary Charles J, sitting as President of the Upper Tribunal (Administrative Appeals Chamber) has extended the conclusions reached in KD v A Borough Council and the Dep of Health [2015]… Read more »

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

Secretary of State for Justice v KC and C Partnership NHS Foundation Trust


Summary Ever since the decision in SSJ v RB [2011] EWCA Civ 1608 it has been difficult to discharge restricted patients from detention under the Mental Health Act 1983. Often… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

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