Latest Updates
Court of Protection | Wednesday 31 May 2017
A judicial review brought by local authorities challenging the government for failing to fund them to meet the extra costs of the deprivation of liberty safeguards after the UKSC decision in the Cheshire West case was dismissed.
R on the application of Liverpool CC (1) Nottinghamshire CC (2) LB of Richmond-upon-Thames (3) Shropshire Council -and- Secretary of State for Health, and Secretary for Communities and Local Government (Interested Party)[2017] EWHC 986 (Admin), Garnham J,
Court of Protection | Friday 26 May 2017
The long-awaited decision of UKSC on what decisions on behalf of P the court will consider when a public body might not provide the option in question
N (Appellant) v ACCG and others (Respondents) [2017] UKSC 22
Court of Protection, Mental health | Thursday 25 May 2017
Deprivation of liberty and Community Treatment Orders (CTOs): MM and PJ decided
SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194, [2017] MHLO 16, 29 March 2017. A Community Treatment Order can be a statutory alternative to compulsory detention even though it amounts to an objective deprivation of liberty, but a capacitous patie
Court of Protection | Wednesday 8 February 2017
Teresa Kirk appeal: order set aside as futile in the face of Ms Kirk’s refusal to comply
Teresa Kirk v Devon County Council [2017] EWCA Civ 34, Sir James Munby P, 30 January 2017 The court approved a consent order compromising the appeal of Teresa Kirk against the order requiring her to secure the return of MM from Portugal. For the facts
Court of Protection, Mental health | Tuesday 7 February 2017
When gaps don’t breach Convention rights
R (OK) v FTT [2017] UKUT 22 (AAC), MHLO 3, 12 January 2017 Application signed by solicitor on behalf of patient lacking capacity is struck out.
Court of Protection | Tuesday 7 February 2017
A person who died in an intensive care unit, who had lacked capacity to consent to their treatment there, was not in “state detention” at the time of their death
Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, Arden and McFarlane LJJ and Cranston J, 26 January 2017 Maria Ferreira (Maria), who had Down’s syndrome and learning difficulties, died in an intensive c
Court of Protection | Tuesday 7 February 2017
Court of Protection Committal: Court of Appeal allows appeal against committal to prison
Devon County Council v Teresa Kirk [2016] EWCA Civ 1221, Sir James Munby P, Black , McFarlane LJJ, 5 December 2016
Court of Protection | Friday 4 November 2016
Court orders further consideration of the realistic options for P before proceeding with a full hearing
A Local Authority v X [2016] EWCOP 44, Holman J, 25 October 2016