Factual overview Surrey Police made an urgent application to the High Court to authorise the deprivation the liberty of PC, a 26-year-old in police custody. In her judgment, Theis J focused on the relevant practice in similar situations where vulnerable individuals were in a state of severe distress in police custody, as well as on […]
This case concerned GH, a 52-year-old woman with a diagnosis of schizoaffective disorder. GH was diagnosed with breast cancer in March 2023, however, due to delusions relating to her mental health she believed that the cancer diagnosis was part of a government cover-up to avoid paying her millions of pounds of compensation owed to her,
GH, Re (Mastectomy: Best Interests) [2023] EWCOP 50 Read More »
https://www.bailii.org/ew/cases/EWCOP/2023/39.html This case concerned Mrs VA, a 78-year-old woman who had suffered a brain injury following a cardiac arrest. The Trust brought the case to the Court to decide whether it was in her best interests to continue to receive life-sustaining treatment as it was unable to agree a course of action with the family.
Guy’s And St Thomas’ NHS Foundation Trust v Mrs VA & Anor [2023] EWCOP 39 Read More »
https://www.bailii.org/ew/cases/EWCOP/2023/45.html Jordan Tooke is a 29-year old man living with severe learning disabilities, a diagnosis of autism, and William’s Syndrome, which is characterised by developmental delay and other variable features including physical disabilities and mental health problems. He is non-verbal but is deemed to have effective non-verbal communication. Jordan was diagnosed with chronic kidney disease
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
RK, Re (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 Read More »
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 »
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
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
The Shrewsbury and Telford Hospital NHS Trust v T & Anor [2023] EWCOP 20 Read More »
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
Somerset NHS Foundation Trust v Amira [2023] EWCOP 25 Read More »
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
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 Read More »