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...
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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 childho...
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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...
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Mental capacity - Medical treatment
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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 ...
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Mental capacity
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Mental capacity - Assessing capacity
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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 co...
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Article 5 ECHR - Children and young persons
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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 Presi...
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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 su...
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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 o...
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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 Burr...
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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...
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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...
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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 ...
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Article 5 ECHR - DOLS authorisations