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Court of Protection

Some of the legislation

Mental Capacity Act 2005
Enduring Powers of Attorney Act 1985
Mental Health Act 1983
Mental Health Act 1959

Some of our recent notable cases

Re X & others (Deprivation of Liberty) (2014)
Guidance was given on deprivation of liberty (DOL) applications following the Supreme Court’s decision in Surrey County Council v P, the “Cheshire West” case.
[2014] EWCOP 25 7/8/2014
Bethan Harris

Islington London Borough Council v QR (2014)
Whether QR had capacity to make a decision to terminate the tenancy of her council flat and enter a new supported living tenancy and whether she had capacity to litigate.
[2014] EWCOP 26  5/8/2014
Bethan Harris

Re P (abortion) (2013)
Whether P had capacity in relation to whether to continue with her pregnancy or have an abortion.
[2013] MHLO 1 (CoP)
Bethan Harris

B (A Local Authority) v (1) RM (2) MM (3) AM (2010)
Care proceedings were brought in relation to a 16 year-old girl with a diagnosis of severe learning disability, severe autism and possibly Malignant Tourette’s Syndrome, who was at risk of self-injury. She needed 2:1 care. The local authority sought a residential placement costing £300,000 per annum. The proceedings were transferred to the Court of Protection. Hedley J gave guidelines on Article 3 of the Transfer of Proceedings Order concerning the parallel jurisdictions for 16 and 17 year olds under the Mental Capacity Act 2005 and Children Act 1989.
[2010] EWHC 3802 (Fam) 15/10/2010. Reported at [2011] 1 FLR 1635
Ian Peddie QC and Rachael Rowley-Fox

Useful Links

Office of the Public Guardian Forms
Court of Protection Application Guidance
Court of Protection: Practice Directions
Lasting Power of Attorney

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