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At Stephensons our specialist Court of Protection solicitors deal with all contentious health and welfare related cases including disputes surrounding mental capacity and best interests as well as disputed property and affairs matters. ...
Northern Care Alliance NHS Foundation Trust v KT & Ors [2023] EWCOP 46 (25 August 2023) “…there comes a point where the laudable aspiration to prolong life is overtaken by the equally strong moral imperative not to protract death. Where...
When a local authority determines that a care home placement is necessary for a loved one, but you disagree with the decision, it can be an incredibly distressing and challenging situation. However, it is important to remember that you have rights and...
In the case of Bolton Council v KL [2022] EWCOP 24 Her Honour Judge Hilder provided guidance on when the streamlined procedure to authorise a deprivation of liberty may not be appropriate. The streamlined procedure enables the ...
The Care Quality Commission (CQC) has recently issued two fixed penalty notices to University Hospitals Birmingham NHS Foundation Trust totalling £8,000. Their investigation relates to the failure to seek consent to care for and treat a patient in...
Throughout the pandemic, concerns about the inability to visit and speak with family members in care homes have been widely reported, with different care providers taking different approaches. As we are navigating the government’s...
Throughout the pandemic, concerns about the inability to visit and speak with their family members in care homes have been widely reported, with different care providers taking different approaches to facilitating contact. Now that we are in what is...
The Court of Protection is a specialist court that safeguards the rights of the most vulnerable people in society. With the coronavirus pandemic leading to increased restrictions on vulnerable adults in care settings, including some care homes stopping...
On the 29 May 2020, Mr Justice Hayden received an urgent application (made out of business hours) by Barnsley NHS Foundation Trust. The application related to a 34 year old man with a history of complicated and painful abdominal problems dating back 10...
The Court of Protection is a specialist court that safeguards the rights of the most vulnerable people in society. With the coronavirus pandemic leading to increased restrictions on vulnerable adults in care settings, including stopping all visits from...
The Coronavirus Act 2020 came into force on 25 March 2020. This is temporary legislation which has a huge impact on vulnerable adults in need of, and currently receiving, social care support. Key duties imposed under the Care Act 2014 are now suspended,...
In a recent case, the Vice President of the Court of Protection, Hayden J, reminded us of the importance of the presumption of capacity and the requirement for proper assessment of mental capacity on an issue-specific basis. Everyone is assumed to have...
The third quarter of 2019 (July-September) saw a record number of applications made under the Mental Capacity Act according to a recent update on family court statistics. A total of 9,407 applications were made under the act during this period which...
The Court of Protection has last week heard a case in which an NHS Trust applied for a declaration that it would be in a woman’s best interests for her to undergo a formal diagnostic examination for cancer, ‘despite her long-standing fear of...
