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Court of Protection - Healthcare & Social Services

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 0175 321 6399.

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Forensic testing compensation claims

Jessica Saunders
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Our actions against police team are representing a number of claimants in claims for compensation against Randox Testing laboratory following unsafe forensic test results being used in their samples. What happened? In short, forensic samples were...

Mental capacity and the ability to make decisions about the termination of a pregnancy

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In the recent landmark Court of Protection case of AB (termination of pregnancy), Re [2019] EWCA Civ 1215, the Court of Appeal had to decide whether it would be in the best interests of AB, a learning disabled woman, to provide the consent necessary in...

Mental capacity and the use of the internet and social media

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In the recent Court of Protection case of Re: A [2019] 3WLR 59, Cobb J outlines the relevant and irrelevant information for the purposes of deciding whether a person has capacity to make decisions about internet and social media use. The...

Mental capacity and the management of diabetes - a macro or micro decision?

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In the recent Court of Protection case of Royal Borough of Greenwich v CDM [2019] EWCOP 32, the court had to decide whether the assessment of capacity to make decisions about diabetic management should be one global macro-decision, embodying all of the...

Communication technology can enable a person's wishes and feelings to be sought in the absence of speech

Jamie Gordon
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A remarkable case heard by Lord Justice Hayden sitting at the Court of Protection in London has highlighted the importance of going the extra mile to establish a person’s wishes and feelings, even in circumstances where a person may not be able to...

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

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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

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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

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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

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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...

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 ...

The Court of Appeal prevents the identification of a protected party at the centre of Court of Protection proceedings

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The Court of Appeal have upheld a ruling made by the Court of Protection refusing to allow journalists to identify a protected party at the centre of proceedings. The case concerned RW, a 77 year old man with a diagnosis of end stage dementia. RW is...

Secretary of State seeks guidance from the Court of Protection - Skripal case

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It is said that the Court of Protection creates a level playing field between the powerful and the powerless. The majority of the cases decided by the Court of Protection relate to people whom are never identified beyond a set of initials to ensure...