Background Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35 concerned the health and welfare of a 60 year old man, Mr K. In particular, it concerned the relief necessary to protect him from his resistance to the treatment of his chronic bilateral venous leg ulcers. As […]
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35 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case in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt.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://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 »
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCOP/2023/4.html&query=(.2023.)+AND+(EWCOP)+AND+(4) This case concerned an application by the local authority to the Court of Protection to consider H’s capacity in the following areas: residence (in ordinary accommodation, restriction regarding her care and support, contact with others (both adults and children), use of the internet and social media. We thought that it makes for an interesting
A Local Authority v H (by her lit. friend the Official Solicitor) [2023] EWCOP 4 Read More »
Hearing date 14th January 2020 This report considers an application to the Court of Protection. What Happened Mrs H was 71 and lived with her daughter Miss T and had numerous mental health issues. She had been known to the local mental health team since 2014, when she had been hospitalised under section 2 and
Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5 Read More »
12/02/2020 What Happened Below, highlights of proceedings by way of judicial review of a coroner’s decision. Ms L suffered from mental and physical health issues which were exacerbated by a 2010 operation. After the operation Ms L suffered significant weight loss and led to her being sectioned, briefly. Between 2010 and 2016 her weight was
R (on the application of LEWIS) v SENIOR CORONER FOR NORTH WEST KENT [2020] Read More »
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 »
Jackie Maguire (52), who had Down’s syndrome and moderate learning difficulties, died in hospital in February 2017 of a perforated ulcer and pneumonia at the age of 52. She had lived for more than 20 years in a care home in Blackpool and required one-to-one support due to her severely compromised cognitive and communication abilities.
Keywords: s117, Charging, Personal Injury, Trusts This was the appeal by Manchester City Council and South Manchester CCG against the ruling that they were obliged to provide s.117 aftercare services regardless of the assets of a man who had previously been awarded personal injury damages and even though they were intended to fund his care.