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 […]
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 »
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
This was a case for damages for unlawful psychiatric detention and restitution of fees demanded for that ‘service’. PB found herself compulsorily detained at the Priory Hospital during an outpatients’ appointment in September, 2016. She was detained under s5(2) Mental Health Act 1983 under a provision that applies ONLY to the detention of in-patients (emergency detention).
PB and JB v Priory Group Ltd [2018] MHLO 74 – May 10, 2018 Read More »
Keywords: Children; Care proceedings; Deprivation of Liberty This case concerned RD, a 14 year old residing in a specialist residential placement (Lennox House). The key question was whether RD was deprived of her liberty (Article 5 EHRC) in this placement. Lennox House, originally a working farm, was a large detached house in a rural setting
Keywords: Rule 3A (1.2) representatives, litigation friends, COP visitors This is the latest case to address the issue of the participation of P, the person without capacity, in non-contentious deprivation of liberty cases (known as Re Xcases) by means of a Rule 3A (now known as a Rule 1.2) representative, or otherwise. Previously (in JM),
Re KT, DR, KH and DC (2018) Read More »
Keywords: Capacity, MHRT This case was an application for judicial review of the Mental Health Review Tribunal’s (MHRT) decision to refuse to hear an application made by a solicitor on behalf of a patient who lacked capacity to make the application himself, or to authorise anyone to do so on his behalf. The patient had
R (OK) V FIRST-TIER TRIBUNAL AND GAMBIAN FAIRVIEW (INTERESTED PARTY) (2017) Read More »
Keywords: Inherent Jurisdiction, Vulnerable adults, Capacity, Undue Influence Mr. Mazhar was a 26 year old man with muscular dystrophy, who had no learning disability, mental health problem or mental impairment and had capacity to make decisions about his care, treatment and residence. His medical needs included using a breathing tube which required frequent suctioning (4-5
Mazhar v Lord Chancellor (2017) Read More »
Keywords: Capacity to litigate The case concerned SL, a 60-year-old woman who had been diagnosed with Schizophrenia and Obsessive Compulsive Disorder. SL had previously lived with her mother and brothers, but there had been concerns about her self-neglect after her mother died in 2014, leading to her admission into hospital under the MHA. She had
LB Brent v SL & NL (2017) Read More »