Summary: The situation in which a person appears not to believe their doctor or other professionals and therefore might or might not lack capacity is a difficult one. This judgment in the posthumous case of Sudiksha Thirumalesh overturned a long-standing legal precedent stating that if someone does not accept their medical diagnosis or prognosis, they […]
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 »
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://caselaw.nationalarchives.gov.uk/ewcop/2023/5 This case concerns the question of whether R had capacity as regards her birthing arrangements. R was a serving prisoner and a failed asylum applicant. She had two previous children, both of whom had been removed from her care. R was a serving prisoner, following a conviction for an unspecified offence of violence. There
North Bristol NHS Trust v R [2023] EWCOP 5 Read More »
https://www.courtofprotectionhub.uk/cases/wrightington-wigan-and-lee-teaching-hospitals-nhs-foundation-trust-v-sm-2022-ewcop-56 This judgment concerned an urgent application before the Court of Protection. The applicant Trust (Wrightington, Wigan and Lee Teaching Hospitals NHS Foundation Trust) sought a ruling that SM – a 16-year-old young woman – lacked capacity to decide on her care. SM was a looked-after child within the meaning of s20 of the Children
Wrightington, Wigan And Lee Teaching Hospitals NHS Foundation Trust v SM [2022] EWCOP 56 Read More »
What Happened P was 26, and was at end-stage renal failure, and needed inpatient treatment for dialysis. He also had a severe personality disorder, with a history of suicidal tendencies. In July 2020 he refused dialysis treatment for a ‘significant period of time’, which resulted in a near cardiac arrest. He had also stopped taking
RE AHK (A PATIENT) (2020) Read More »
Unless one or more the conditions appearing below applies, processing of sensitive personal data by anyone is expressly prohibited by the Data Protection Act 1998. But there are exceptions which apply to those concerned with the protection of vulnerable adults. The most relevant conditions for lawful processing are: Explicit consent The processing is necessary in order
Information Sharing pre Care Act Read More »
WBC (Local Authority) v (1) Z (by the Official Solicitor, her litigation friend) (2) X (Z’s mother) (3) Y (Z’s father) (2016) Keywords: Mental Capacity, Autistic Spectrum Disorder, capacity assessment The local authority applied for a declaration as to the capacity of Z, a 20 year old female with Asperger’s Syndrome and borderline learning disability,
This was an appeal by C (the Appellant) against the decision of the Irish High Court to dismiss her application for judicial review, which was directed at the Trust’s failure to permit her (as a person subject to a guardianship order) to live on a full-time basis with her husband. C, aged 55, had received
Re Connor, an Application for Judicial Review [2004] NICA 45 Read More »
This application for Judicial Review was bought against the defendant Authority in the name of Mr Woods [‘W’] but under the instructions of his mother to seek an order compelling the Authority to carry out a review assessment of W’s needs and provide resources to meet those needs. Her case, set out in a witness