Cases
Contamination and “forever chemicals”
A future concern is likely to be PFAS, short for per- and polyfluoroalkyl substances, which are group of around 10,000 chemicals used in a very wide range of consumer products for decades. The chemicals are persistent in the environment, leading to t...
Read more
A Local Authority v PG & Ors
Summary
This decision provides a very clear and helpful route map through the complexities of fluctuating capacity. The case concerned a 34 year old woman, PG, who had diagnoses of an intellectual disability in the moderate range, and autism spect...
Read more
Care
,
Mental capacity - Assessing capacity
A Local Authority v PG & Ors (Headnoted version)
Mental capacity – assessing capacity – whether to take contingent or anticipatory approach to fluctuating capacity
A 34 year old woman had diagnoses of an intellectual disability in the moderate range, and autism spectrum disorder. She had also re...
Read more
Mental capacity
,
Care
,
Mental capacity - Assessing capacity
Nottingham University Hospitals NHS Trust & Anor v RL & Ors
Summary
In a decision handed down in February 2023, but only published in June 2023, Sir Jonathan Cohen grappled with a dilemma that occurs relatively often in practice, but has been curiously under-considered by the courts: namely what ‘communicati...
Read more
Mental capacity - Assessing capacity
A Local Authority v H
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J as a “natal male who now identifies as female” (and hence female pronouns are used here). H had experienced profound trauma and abuse in childhood an...
Read more
Mental capacity - Assessing capacity
North Bristol NHS Trust v R
Summary
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the then-authoritative summary of the principles to apply in assessing capacity, and a masterclass in the application of those prin...
Read more
Mental capacity - Medical treatment
,
Mental Health Act 1983 - Interface with MCA
North Bristol NHS Trust v R (Headnoted version)
Mental capacity – assessing capacity – whether woman had capacity to make a decision to undergo a clinically indicated procedure
A woman was a serving prisoner, a failed asylum contact, and wished no contact with her mother who was understood to be...
Read more
Mental capacity
,
Mental capacity - Assessing capacity
,
Mental capacity - Medical treatment
Manchester City Council v CP & Ors
Summary
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting MacDonald J in Manchester City Council v CP & Ors [2023] EWHC 133 (Fam). Whilst his analysis concerned th...
Read more
Article 5 ECHR - Children and young persons
,
Article 5 ECHR - Deprivation of liberty
Re X (Secure Accommodation: Lack of Provision)
Summary
It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be brought against the State for systemic human rights breaches, but that could be said to be the effect of the judgment of the President ...
Read more
Article 5 ECHR - Children and young persons
Sunderland City Council v Macpherson
Sunderland City Council v Macpherson [2023] EWCOP 3. This was an application to commit the defendant Ms Macpherson to prison for contempt of court for breaches of injunctions preventing her from publishing material about her daughter FP, the subject...
Read more
COP Jurisdiction and powers - Contempt of Court
NHS Surrey Heartlands Integrated Care Board v JH
Summary
In this case, Hayden J was asked to consider whether an advance decision to refuse invasive tests or treatments (including life-sustaining treatments) was valid, not at a point when those tests or treatments were sought to be carried out, b...
Read more
Advanced Decisions
Re AH (Re Best Interests)
Summary
Following on from his earlier judgment ([2022] EWCOP 45), HHJ Burrows returned to this matter to consider AH’s best interests with respect to her residence and care.
AH was 46 years old and had a diagnosis of type 1 diabetes. HHJ Burrows s...
Read more
Best interests - Residence