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Human Rights Law Blog

Our human rights law and civil liberties team regularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 0175 321 6399.

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Primary school admissions 2019 - national offer day is approaching...

Mike Pemberton
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  • Author

Tuesday 16th April is this year’s national offer day for primary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred infant school. It may be a day of...

Secondary admissions national offer day is approaching

Mike Pemberton
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  • Author

Friday 1st March is this year’s national offer day for secondary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred secondary school. It may bring...

Judge rules that it is in P's best interests to receive medical treatment despite submissions from an NHS trust

Sarafina Nicolaou
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  • Author

The case of University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39 concerns an application made by the trust to rule out further treatment if a patient’s condition were to deteriorate. The protected party in this case is “P”, a...

Obtaining evidence of mental capacity in Court of Protection proceedings

Sophia De Arez Cintra
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The Court of Protection is able to make decisions on behalf of a person who lacks capacity and so, one of the first things the court must consider in proceedings is whether or not the person in question has capacity or not. At the point of the case...

Inherent jurisdiction to authorise deprivation of liberty of adult with capacity

Megan Taylor
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In the recently reported case of A Local Authority v BF [2018] EWCA Civ 2962, the court ruled that in an emergency situation, someone may be deprived of their liberty in the absence of evidence of mental disorder without infringing their human rights. ...

A medical experiment or life saving treatment?

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In the recently reported case of University College London Hospitals v KG [2018] EWCOP 29, the court ruled that it was in the best interests of a person lacking capacity to receive a medical treatment that has never been tested on or administered to any...

Case highlights tragic handling of P's repatriation to Colombia

Sarafina Nicolaou
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The recent reported case of  London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 and [2018] EWCOP 20 highlights the tragic handling of a vulnerable adult’s repatriation to Colombia. The 55-year old Colombian woman, referred to as...

Case highlights importance of protecting the rights of individuals who lack capacity

Sarafina Nicolaou
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  • Author

In the recent reported case of Z [2018] EWHC 1488 (Ch) the protected party is Z, a successful businessman who carried out business ventures with his brothers. The applicant is the son of one of Z’s brothers who is now deceased. In this procedural...

Challenge to disclosure and barring service filtering to be heard at the Supreme Court

Mike Pemberton
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The Supreme Court are due to hear the case of P and Others v Secretary of State for Justice following an appeal by the Secretary of State. The case involves a number of individuals who have been subject to criminal record disclosure and are left in a...

Court of Protection protects teenage boy from his own 'impulsivity'

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In the case of Buckinghamshire County Council and RT (by their guardian KT ) [2018] EWCOP 12, the Court of Protection has ruled that a 17 year old boy be deprived of his liberty at a specialist unit in order to protect him from his own ...

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