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 […]
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
R (YVR) v Birmingham City Council [2024] EWHC 701 (Admin) 26 March 2024 – Collins Rice J Summary – This case concerned Birmingham City Council’s charging policy which the claimant YVR contended discriminated “against people who, like him, are so disabled they cannot, and will never be able to, do any paid work.” Click on
R (YVR) v Birmingham City Council Read More »
Keywords: Deputyship; Deprivation of Liberty; Disclosure; Family Involvement The case concerned a 25-year-old man (M) who had an Autistic Spectrum Disorder and a learning disability. The judgement is highly fact specific. However the case is a useful, if sad, illustration of the role of the Court of Protection in unpicking complex and emotive situations of
A local authority v M [2015] EWCOP 69 Read More »
Keywords: DOLS, Best Interests The case concerned the issue of whether it was in the best interests of CD, a 43 year old woman with paranoid schizophrenia, to have a total abdominal hysterectomy. All the medical professionals were in favour of the surgery and CD strongly expressed a view in favour of the operation. However
A Hospital NHS Trust v CD (2015) EWCOP 74 Read More »
Summary: The Irish Court of Appeal has ruled in a recent decision on the appropriate order it should make following a Declaration made by the Irish High Court in favour of the appellants, LW and RL. The High Court had refused various more detailed orders sought by the appellants, citing limitations on its jurisdiction, and
W & Anor v The Health Service Executive (Approved) [2023] IECA 244 Read More »
https://www.bailii.org/ew/cases/EWCOP/2022/1.html This section 21A application made by the London Borough of X regarding ‘MR’ was heard by District Judge Eldergill on 01 December 2021 in the Court of Protection. The sole issue for determination was whether it was in MR’s best interests to remain at his current care home ‘CC’ or be moved to a
London Borough of X v MR & Ors (Rev1) [2022] EWCOP Read More »
This case in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. Background MXK and SXB were both foreign nationals and mothers of young children. Both had
https://www.dekachambers.com/wp-content/uploads/2023/05/AB-Judgment-CA-final-v2.pdf The appellant brought a claim for damages against two local authorities, Worcestershire (first respondent) and Birmingham (second respondent), alleging that failure to remove him from his mother’s care, whilst a child, breached his obligations under ECHR art.3: Prohibition of torture; No one shall be subjected to torture or to inhuman or degrading treatment or
AB v Worcestershire CC, 2023 WL 03504902 (2023) Read More »
We think that this all depends on the extent to which the person’s needs seen through the prism of Human Rights and the Mental Capacity Act, where the latter is relevant (ie their wishes and feelings and best interests) have been assessed as including the facilitation of access to their relatives, and what the relative’s