Historical Mental Incapacity

Inherent jurisdiction – history and development

Declaratory relief is a new common law remedy which can be obtained in High Court proceedings in the Family Division. It is a kind of wardship for adults. It results in a declaration that to do x y or z in respect of a person would not be unlawful, since it has been found to […]

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Incapacity – history and development

Incapacity is relevant to social services authorities in a number of ways. Many authorities have decided on a policy whereby they require the explicit consent of an individual before a care plan is activated. This will not be possible in cases of severe impairment or severe learning disability, because the proposed clients will not be

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