Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty

Northampton General Hospital NHS Trust v Mercer – a possession action to recover a hospital bed from a patient no longer needing to be there

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Delay and non-commissioning, Due process rights in care planning, Duties and powers to involve others, Hospital Discharge since Covid, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Relevance of mental capacity for Choice of Accommodation Rights, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker, The types of accommodation arrangements to which Choice Rights apply, Timeliness and the duty to meet needs - unconscionable delay /

[2024] EWHC 2515 (KB) (4 October 2024)   https://www.bailii.org/ew/cases/EWHC/KB/2024/2515.html FACTS:  Ms Mercer, the defendant to this action for possession in the ordinary civil court, is wheelchair dependent, requires support with her personal care and medication, and also has diagnoses of Autistic Spectrum Disorder and Emotionally Unstable Personality Disorder. She has lived in residential accommodation for almost […]

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Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care and Treatment Reviews for people detained or at risk of detention under the Mental Health Act, How the Mental Capacity Act affects the Care Act, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Background Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35 concerned the health and welfare of a 60 year old man, Mr K. In particular, it concerned the relief necessary to protect him from his resistance to the treatment of his chronic bilateral venous leg ulcers. As

Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35 Read More »

RK, Re (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Maximising people’s capacity to make decisions in every respect BEFORE deciding they lack capacity, The relevance of Advance Decisions and Advance Statements to health and social care services /

https://www.bailii.org/ew/cases/EWCOP/2023/37.html The case focused on RK, a 30-year-old woman with Down’s Syndrome, with a moderate to severe learning disability, and partial sight impairment. She lived in supported living accommodation known as Castle Hill with X County Council as the commissioner of adult care services from Signia Family Support Services. She had been assessed as having

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An NHS Trust v ST & Ors [2023] EWCOP 40

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, The relevance of Advance Decisions and Advance Statements to health and social care services /

Summary: Capacity decision, relating to ST, a young woman dying from a progressive disease who did not believe her doctors’ prognosis and wished to continue medical treatment in order to seek treatment abroad. Background ST was 19 years old and had spent the previous year as a patient in an intensive care unit with  a

An NHS Trust v ST & Ors [2023] EWCOP 40 Read More »

‘Z’ NHS Foundation Trust  & ‘Y’ NHS Foundation Trust v Patricia, ‘X’ NHS Foundation Trust and ‘V’ NHS Integrated Care Board

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, The relevance of Advance Decisions and Advance Statements to health and social care services /

The woman in this case is 23, and extremely ill with anorexia nervosa. No form of medical or psychiatric input has worked, including compulsory treatment, treatment in a number of different settings and at a number of different times over a 10 year period. She has liver failure and is deteriorating from chronic malnourishment. The

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The Shrewsbury and Telford Hospital NHS Trust v T & Anor [2023] EWCOP 20

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Maximising people’s capacity to make decisions in every respect BEFORE deciding they lack capacity, The relevance of Advance Decisions and Advance Statements to health and social care services /

https://www.bailii.org/ew/cases/EWCOP/2023/20.html This belated case judgement was delivered on 23 May 2023 for a case heard on 1 August 2022. Mrs Lieven J apologised for the delay, citing that other matters intervened in her producing the judgement. She had declined to make the declaration sought, and said that ‘’given the subject matter there was no urgency

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Somerset NHS Foundation Trust v Amira [2023] EWCOP 25 

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Information sharing with respect to the data of people lacking in capacity to consent, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty /

https://www.bailii.org/ew/cases/EWCOP/2023/25.html The Trust, upon bringing this case, sought a reporting restrictions order given the exceptionally private and personal nature of a case concerning serious medical treatment. The Judge undertook a balancing exercise of Article 8 and Article 10 of the ECHR and was satisfied that a reporting restrictions order should be made, and the pseudonym

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Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty /

https://www.bailii.org/ew/cases/EWFC/HCJ/2023/92.html Summary: This case is a clarification of the legitimate scope of deprivation of liberty under the Mental Health Act 1983 (MHA), the Mental Capacity Act 2005 (MCA), and the Deprivation of Liberty Safeguards (DoLS).  The case concerned HJ, a 64-year-old woman with Bipolar Affective Disorder and psychotic symptoms with resulting hallucinations and delusions. In

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From the Open Justice Court of Protection Project….

Leave a Comment / Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Remedies for breach of the Mental Capacity Act regarding deprivation of liberty /

An ‘impasse’ on face-to-face contact between mother and daughter  COP 13258625, before Mr Justice Poole, on 19 June 2023 Precis of an Open Justice Court of Protection Project account of the hearing by Celia Katzinger  This was a remote hearing in the Court of Protection about FP, a woman deprived of her liberty in a

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A Local Authority v LD & Anor [2023] EWHC 1258 (Fam)  

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, How the Mental Capacity Act affects the Care Act, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty /

Summary: A local authority which was concerned that a vulnerable man in his forties, with Down’s Syndrome and other health issues, was suffering emotional and physical harm, applied for an order authorising his removal from his mother’s home to a place of safety.  LD lived alone with his elderly mother (RD) who was in her

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