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The case of Re PB considers the balance between protecting an individual’s right to private and family life and preserving a stable placement. HHJ Burrows provides a thoughtful discussion about the limits that challenge the Court of...
On 2 June 2026, the Supreme Court handed down judgment in the case of A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16. The case concerned...
The Deprivation of Liberty Safeguards (DoLS) regime, introduced in 2009 as an amendment to the Mental Capacity Act 2005, was designed to ensure that individuals who lack capacity to consent to their care arrangements and are under continuous supervision or...
Oldham Metropolitan Borough Council v KZ (Fluctuating Capacity: Anticipatory Declaration): [2024] Stephensons’ Court of Protection team represented a vulnerable adult in this case which considered some important points. Mrs Justice Theis, the...
I have recently started working as a graduate paralegal in the Court of Protection team at Stephensons following the completion of my law degree. Whilst doing my degree, I worked part time as a Mental Health Care Assistant, providing support to...
What is a Rule 1.2 Representative and why are they important? The role of a Rule 1.2 Representative is often undertaken by Independent Advocates, or by a friend or family member of the individual concerned. A Rule 1.2 Representative is appointed when the...
Re HC [2024] EWCOP 24 arguably represents a further development in the judicial thinking regarding deprivations of liberty that is moving away from the decision in Cheshire West . It concerned the residence and care arrangements for a 27-year-old...
Legally speaking, the judgment in King’s College Hospital NHS Foundation Trust v South London and Maudsley NHS Foundation Trust & Anor [2024] EWCOP 20 (‘ King’s College’ ), given by Ms Justice Henke on 10 th April 2024, has no...
The recent case of TA v The Public Guardian [2023] EWCOP 63 , concerned a 92-year-old lady (‘KA’ and the protected person ‘P’) who resided in a care home and had three children, including TA (the appellant). In 2019, KA executed...
The recently published X NHS Foundation Trust v RH [2024] EWCOP 150 judgment concerned an application by an NHS Trust (‘the Trust’) for declarations that it was in RH’s best interests to receive urological surgery under general...
