Cases

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

In the matter of SV; Health Service Executive of Ireland v Florence Nightingale Hospitals Limited

This application concerned SV, who was 20 years old and an Irish citizen. At [47], the judgment states that ‘[s]he has been diagnosed with anorexia nervosa and symptoms of bulimia nervosa, and as a result of these conditions, has been admitted to hos... Read more  
 
Recognition and enforcement

A Local Authority v MF, GF, VM and TA

Summary MF was 40 years old and had diagnoses of a moderate learning disability and schizoaffective disorder. He lived with his mother, GF. MF’s sister, VM, and her partner, Dr A, were also involved in proceedings. The local authority made an applic... Read more  
 
Best interests - Residence

DY v A City Council & An NHS Trust

Summary  In DY v A City Council & An NHS Trust [2022] EWCOP 51, Judd J has tackled head on the perennially difficult question of whether and how DoLS can provide for public protection. The case concerned DY, a young man in his 20s, who had previ... Read more  
 
Article 5 ECHR - DOLS authorisations