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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 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...
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...
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...
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...
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 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...
The Liberty Protection Safeguards (LPS), designed to replace the Deprivation of Liberty Safeguards (DoLS), were due to be implemented later this year in October 2020. However following a recent government announcement, the LPS Scheme has now been delayed...
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...
