Restrictions in his best interests? An “awkward interaction” between the Mental Capacity Act and sections 37 & 41 Mental Health Act

District Judge Glassbrook said that he recognised that there were only two options for RS: either he lived in X Home, or he returned to hospital.  “But I’m not talking about one placement compared with another. I’m asking why these restrictions are required.”  

Cataract surgery for a patient who’s refusing it

It can feel wrong to force someone to have medical treatment they say they don’t want.  It can also feel wrong to acquiesce to someone’s (non-capacitous) wishes, knowing that they will suffer and/or die as a result.

A trial of living at home – a “suspended sentence” of returning to care

By Jenny Kitzinger, 20th October 2021 Mr G desperately wants to live in his own flat – but this option is hanging by a thread.   After a series of court hearings at which he challenged his “detention” in residential care (via s.21A of the Mental Capacity Act 2015), he finally moved back into his ownContinue reading “A trial of living at home – a “suspended sentence” of returning to care”

A COVID Vaccination hearing: Observations of an aspiring medical student

By Eloise Crang, 19th October 2021 I’m a medical applicant, currently sitting my last year of A-levels studying Maths, Chemistry, and Biology, so I was delighted at the opportunity to observe a real-life medical ethics case in play. Having mainly read about these sorts of scenarios in medical books, or when revising for the situationalContinue reading “A COVID Vaccination hearing: Observations of an aspiring medical student”

A court-authorised hip replacement

declaration ordering surgery was the right outcome. I saw a rigorous but caring and collegial environment in court, with a genuine commitment to involving P. Counsel for the parties adopted a clearly non-adversarial approach throughout. The focus for everyone was on making the right decision for P.

Home-owning resident of 50 years faces intervention by Council

By Daniel Cloake, 24th September 2021 A man whose identity is protected by court order faces temporary removal from his home of 50 years to enable building work and medical treatment to be carried out. I observed this attended (in-person) hearing (Case: 12014791 “JD -v- Ealing Council”) before the Senior Judge of the Court of Protection HHJContinue reading “Home-owning resident of 50 years faces intervention by Council”

Challenge to Lasting Powers of Attorney

By Claire Martin, 23rd September 2021 I observed a remote hearing (COP 13339015) at Lincoln Family Court on 6th September 2021. District Judge McIlwaine was presiding.  The case concerned a challenge to Lasting Powers of Attorney from the Office of the Public Guardian and was preparatory to a final 3-day hearing starting on 27th September 2021.  The applicant is P’s daughter,Continue reading “Challenge to Lasting Powers of Attorney”

Refusing blood products during pregnancy and labour

“The Official Solicitor observes that P is considered capacitous in all the areas in which she is willing to take that [medical] advice; it is only where she is not willing to follow medical advice that she is considered to lack capacity”. 

Forced Marriage Convictions: A view from the police

Many victims of forced marriage are tricked in going back home because they have either told their parents that they will not marry there, or it’s what their parents suspect. In many cases victims end up in remote regions where they do not understand the local area and sometimes even struggle with the language. Victims get trapped abroad and have limited options of getting help.

Coercive and controlling behaviour and undue influence: What is the role of the local authority?

By Bridget Penhale, 13th September 2021 I recently attended most of a 3-day Court of Protection hearing (reported in a blog post by Prof. Celia Kitzinger) concerning alleged coercive and controlling behaviour and undue influence by a man (NC) in relation to an older woman (BU). BU had stated that she wished to marry (or formContinue reading “Coercive and controlling behaviour and undue influence: What is the role of the local authority?”