Cases

Hillingdon Hospitals NHS Foundation Trust v IN & Ors

The decision of Poole J in Hillingdon Hospitals NHS Foundation Trust v IN & Ors [2023] EWCOP 32 is of wider relevance for two reasons.  The first related to observations made in the course of the substantive determination of the application.  The... Read more  
 
Judicial Review , Practice and procedure - Other

Esper v NHS NW London ICB (Appeal: Anonymity in Committal Proceedings)

Summary The appellant, Dr Philip Esper, brought an appeal against by a decision of District Judge Beckley to name him in committal proceedings in the Court of Protection relating to his relative, AB.  The contempt and committal proceedings.  DJ Bec... Read more  
 
Best interests - Medical treatment , Mental capacity - Medical treatment , Media - Court reporting

Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection - Deputyship)

Summary Short note  In Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection - Deputyship) [2023] EWHC 1568 (Ch), HHJ Hodge KC (sitting as a Judge of the High Court) had to consider the question of whether a former e... Read more  
 
Other proceedings - Civil

Gloucestershire Health & Care NHS Foundation Trust v FD & Ors

Summary  Gloucestershire Health & Care NHS Foundation Trust v FD & Ors [2023] EHWC 2634 (Fam) concerned the capacity and best interests of a 29 year old woman who first developed anorexia around the age of 4 or 5, and who had been in one med... Read more  
 
Best interests - Medical treatment , Practice and procedure - Other

Warrington Borough Council v Y & Ors

Summary This application concerned Y, who was in her early twenties.  Y had been diagnosed with autistic spectrum disorder as a child. Her education records reveal difficulties with learning but she remained in mainstream education and was provided ... Read more  
 
Care , Mental capacity - Assessing capacity , Mental capacity - Residence

Wiltshire County Council v RB & Ors

Summary RB was a 29 year old woman diagnosed with Autism Spectrum Disorder. Since 2015 she had been selectively mute, and chose to communicate in writing or by pointing to words on an alphabet board.  She had rheumatoid arthritis and was found in 20... Read more  
 
Care , Mental capacity - Assessing capacity , Mental capacity - Residence

R (Maguire) v His Majesty's Senior Coroner for Blackpool & Fylde and another

Summary  Jackie Maguire lacked capacity to make relevant decisions and was subject to a standard DoLS authorisation in a care home. Weeks before her death, she began to experience symptoms of a sore throat, diarrhoea, vomiting, and a raised temperat... Read more  
 
COP Jurisdiction and powers - Interface with inherent jurisdiction

Norfolk and Suffolk NHS Foundation Trust v HJ

Summary This case concerned the question of whether specific authorisation is required to administer physical health treatment under conditions of restraint to a person detained under the Mental Health Act 1983 who lacks the capacity to consent to t... Read more  
 
Article 5 ECHR - Deprivation of liberty , Best interests - Medical treatment

Somerset NHS Foundation Trust v Amira

Summary This judgment concerned an application made on 26 May 2023 by the applicant trust for anticipatory declarations that in the event ‘Amira’ lost capacity during the delivery of her child it would be in her best interests to implement an obstet... Read more  
 
Best interests - Medical treatment , Mental capacity - Litigation , Mental capacity - Medical treatment ,

Re Public Guardian’s Severance Applications

Lasting Powers of Attorney – construction – whether commonly appearing provisions required severance  The Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute ... Read more  
 
Severance

Re Public Guardian’s Severance Applications

In Re Public Guardian’s Severance Applications [2023] EWCOP 24, the Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute and regulations which have had recurred... Read more  
 
Severance

A Local Authority v LD and RD

Summary LD  lived with his mother, RD. He was in his 40s with Downs Syndrome, a severe learning disability, autistic traits and could only communicate through body language. He also had a heart defect. Neither were believed to have had the Covid vac... Read more  
 
COP Jurisdiction and powers - Interface with inherent jurisdiction , Mental capacity - Assessing capacity