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/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 »
Medical Treatment for adults Until mental incapacity to consent or refuse consent is proved, no-one, other than an authorised person acting within the Mental Health Act 1983 (and even then, only in limited circumstances), can impose medical treatment on any person, unless the common law principle of it being lawful to do what is ‘necessary’
The Claimants (head teachers and parents of pupils in an independent school) applied for a declaration that the extension of EA 1996 s548, which bans corporal punishment, in all schools, was incompatible with their rights to freedom of education and freedom of religion under ECHR. The Claimants argued that a large body of the Christian