Cases

ML v Priory Healthcare Ltd & SSJ

Summary  The interface between the MHA 1983 and the MCA 2005 has recently been considered at the point of entry.  In ML v Priory Healthcare Ltd & SSJ  [2023] UKUT 237 (AAC), UTJ Church considered the question from the point of view of exit from ... Read more  
 
Mental Health Act 1983 - Interface with MCA

GK & Anor v EE & Anor

Summary In this rather unusual application, MacDonald J considered the emotive subject of when parents – or indeed the courts – can intervene in the personal lives of adolescents: in this case, the life of a 17 year old, non-binary individual, EE, i... Read more  
 
Best interests - Medical treatment

Norfolk and Norwich University Hospitals NHS Foundation Trust & Ors v Tooke & Ors

Northern Care Alliance NHS Foundation Trust v KT & Ors [2023] EWCOP 46 concerned a 53 year old man with end-stage kidney failure who had sustained brain damage during treatment and was now in a prolonged disorder of consciousness.  The treating T... Read more  
 
Best interests - Medical treatment

An NHS Trust v ST & Anor

Summary This desperately sad case provides an example of how far the courts have come in terms of thinking about capacity since the early days of the MCA 2005, and poses some perhaps challenging questions about its future.  ST was 19, and had spent ... Read more  
 
Best interests - Medical treatment , Mental capacity - Medical treatment

SF v Avon and Wiltshire Mental Health Partnership

Summary The issue facing the Upper Tribunal in this case  was crisply delineated by UTJ Church thus:  1. This appeal is about RB, a woman with a primary diagnosis of autism spectrum disorder and a secondary diagnosis of complex post-traumatic stres... Read more  
 
Mental Health Act 1983

Re RK (Capacity; Contact; Inherent Jurisdiction)

Summary The case name helpfully captures what this difficult case was about.  It concerned RK (identified in the body of the judgment as ‘R’), a 30 year old woman with Down's Syndrome, a moderate to severe learning disability (described in the docum... Read more  
 
Interface with family proceedings , Mental capacity

Nottingham University Hospitals NHS Trust v JM & Anor

Summary Hayden J has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored. The case concerned a ... Read more  
 
Best interests - Medical treatment

Manchester University Hospital NHS Foundation Trust v JS & Others (Schedule 1A Mental Capacity Act 2005)

Summary Theis J has rolled up her sleeves and waded into the thickets of Schedule 1A, hearing the appeal against the decision of HHJ Burrows in Manchester University Hospitals NHS Foundation Trust v JS & Anor [2023] EWCOP 12.  In brief terms, sh... Read more  
 
Mental Health Act 1983 - Interface with MCA

Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors

Summary This case concerned the health and welfare of a 60 year old man, Mr K, and in particular the relief necessary to protect him from his resistance to the treatment of his chronic bilateral venous leg ulcers.  He was subject to a standard autho... Read more  
 
Best interests - Medical treatment

R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care

Summary The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding aftercare under s.117 MHA 1983.  In R (on the application of Worcestershire County Council) v Secretary of State for Health and Socia... Read more  
 
Judicial Review

Kings College Hospital NHS Foundation Trust v X and Y

Summary  This case concerned an application by Kings College Hospital for permission to withdraw life sustaining treatment from a young man, X, who was 27 years old. The application was opposed by members of his family, with X’s father, Y, acting as... Read more  
 
Best interests - Medical treatment

R (JJ) v Spectrum Community Healthcare CIC

Summary This decisions raises starkly the limits of autonomy in healthcare decision-making.   As a result of a rare genetic condition, X-linked hypophosphatemia, JJ was quadriplegic and without teeth. While his cognitive and communication skills we... Read more  
 
Best interests - Medical treatment , Other proceedings - Civil