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Court of Protection Blog

Our Court of Protection and healthcare and social services teams 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 01616 966 229.

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Court Of Protection case study - National Schizophrenia Awareness Day

Amy Dutton
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It is National Schizophrenia Awareness Day on 25th July 2022. National Schizophrenia Awareness Day is hosted by the charity Rethink Mental Illness and aims to illustrate the challenges faced by people living with a diagnosis of schizophrenia in the UK....

Case law - the covid-19 vaccination and best interests

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North Yorkshire Clinical Commissioning Group v E (Covid Vaccination) [2022] EWCOP) This recent Court of Protection case concerned E, a man in his mid-60s with a diagnosis of moderate to severe learning disability. North Yorkshire CCG applied to the...

Capacity, consent and sexual relations in the Court of Protection

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The case of A Local Authority v JB (by his litigation friend, the Official Solicitor) [2021] UKSC 52, concerned JB a 38-year-old man with a diagnosis of autistic spectrum disorder with impaired cognition, who wanted to pursue his desire to have...

Covert medication and deprivation of liberty

Megan Taylor
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Covert medications are medications that are administered to a person without his/her knowledge or consent, often in a disguised form, such as food or drink. Following the NICE guidelines, if there are concerns about the person’s ability to give...

Termination of pregnancy and the Court of Protection

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The recent case of S v Birmingham Women’s and Children’s NHS Trust [2022] EWCOP 10 concerned 38-year-old S, who had a diagnosis of bipolar affective disorder. On 28 th  February 2022, at the time of these very urgent proceedings, S was...

Judicial visits to protected parties in Court of Protection proceedings - new guidance from February 2022

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It may seem surprising to those not familiar with health and welfare cases in the Court of Protection, but it is common for judges to visit the person lacking mental capacity at the centre of the case (P) in order to seek their wishes and feelings about...

Mental Health Awareness Week 2021 - commentary from our Court of Protection team

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This year, Mental Health Awareness Week runs from 10 – 16 May and the chosen theme this year is nature. During the long months of the pandemic, many of us experienced mental health problems, watched a loved one struggle, or just been generally...

Contact with relatives in care homes - new guidance from May 2021

Sophie Maloney
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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...

Contact with relatives in care homes during third national lockdown

Sophie Maloney
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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...

Department of Health & Social Care updated guidance during COVID-19 pandemic

Amy Dutton
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The Department of Health & Social Care has very recently published additional guidance concerning the Mental Capacity Act 2005 and deprivation of liberty safeguards (DoLS) during the COVID-19 pandemic. Best interests decisions The update on 7...

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