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The Court of Protection faces an agonising dilemma (and why …

WEBBarnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the health and welfare of a 60 year old man, Mr K, and in …

Actived: 7 days ago

URL: https://www.mentalcapacitylawandpolicy.org.uk/the-court-of-protection-faces-an-agonising-dilemma-and-why-belief-is-not-the-same-as-proof/

The MHA, force-feeding and best interests

WEBIn JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in …

Category:  Health Go Health

Identifying a deprivation of liberty: a practical guide – updated …

WEBAhead of the 10th anniversary on 19 March 2024 of the Supreme Court decision in Cheshire West, the Law Society has updated its practical guidance on …

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Mental disorder, medical evidence and deprivation of liberty

WEBIn Stockport MBC v KB [2023] EWCOP 58, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some …

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Serious Medical Treatment

WEBSerious Medical Treatment – Practice Guidance. 21 January 2020 Alex RK. The Vice-President of the Court of Protection, Hayden J has published guidance on …

Category:  Medical Go Health

patient choice from the other side of capacity

WEBHaving directed himself earlier as to the approach to best interests by reference to the Aintree approach, Baker J then analysed precisely how this mapped …

Category:  Health Go Health

Powers of attorney, care homes, best interests and deprivation of

WEBI have been asked by a good BIA (you know who you are!) to write something about powers of attorney, care homes and best interests. Because I am nice like that, …

Category:  Health Go Health

Addressing the Conundrum: the MCA or the MHA

WEBAddressing the Conundrum: the MCA or the MHA? Oluwatoyin A Sorinmade, 1. Alex Ruck Keene. 2. and Lisa Moylan. 3. Introduction . The question of when to use the procedures …

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Court of Protection and COPDOL 11 applications

WEBCourt of Protection and COPDOL 11 applications. 17 April 2020 Alex RK. Senior Judge Hilder has approved the circulation of the following update (17 April 2020) …

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Liberty Protection Safeguards resources

WEBThis page contains freely available resources on the Liberty Protection Safeguards, contained in the Mental Capacity (Amendment) Act 2019, which will come …

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About me – Mental Capacity Law and Policy

WEBAbout me. I am Alex Ruck Keene. I have been in practice at 39 Essex Chambers in London since 2003 and specialise in the fields of mental capacity, mental health, and healthcare …

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Capacity, pregnancy, risk and the courts

WEBA NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant woman aged 21 …

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The Supreme Court pronounces on litigation capacity (and the …

WEBDunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary. Ms Dunhill sought to have a compromise agreement into which she had entered declared void due to her …

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Supporting people who have eating and drinking difficulties: new

WEBThe guidance, applying the law within England & Wales but offering clinical principles which will also be applicable within different legal frameworks in Scotland and …

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Mental Health Act reform – draft legislation now announced

WEB10 May 2022 Alex RK. In the Queen’s Speech today (10 May 2022), it was announced that draft legislation would be brought forward to reform the Mental Health Act in England & …

Category:  Health Go Health

Remote assessments and MHA renewals – the High Court rules …

WEBIn Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that “the phrases …

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in conversation with Dr Chloe Beale

WEBPerhaps there is an element missing from the capacity test, viz : Does the person have the ability to put the decision into effect? Being able to decide whether or …

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Liberty Protection Safeguards newsflash: implementation delayed …

WEBIn a decision which will trouble many (for instance the Joint Committee on Human Rights: see its 2022 report on human rights in care settings), has “deeply …

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another judicial take

WEBFluctuating capacity – another judicial take. In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context of a …

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