Court of Protection Archives - The QMLR Archive

Court of Protection Decisions on Caesarean Sections

A London NHS Trust v KB [2020] EWCOP 59 The Court of Protection granted an order to an NHS Trust permitting it to require KB to undergo a caesarean section prior to spontaneous labour in her own best interests, using proportionate restraint if necessary. As Poole J noted, although the…

By Matthew Flinn April 15, 2021Court of Protection, Issue 8

Court of Protection Issue 7

Court of Protection Update

Cumbria County Council v A [2020] EWCOP 38 Tower Hamlets LBC v PB [2020] EWCOP 34 The Court of Protection has confirmed that where a Deputy wishes to stop acting, they cannot do so by simply withdrawing their consent to act. An application to cease acting must be made to the…

By Matthew Flinn March 8, 2021Court of Protection, Issue 7mental capacity

Court of Protection Issue 5

Best Interests Assessment and Clinically Assisted Nutrition and Hydration

A Clinical Commissioning Group v AF [2020] EWCOP 16 This article originally appeared in Issue 5 (May 2020). Following a hearing that took place via Skype due to the COVID-19 medical emergency, the court decided it was not in the best interests of a stroke patient to have his Clinically…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5best interests, withdrawal of treatment

Court of Protection Issue 5

Permission Refused for a Review of Contact Arrangements

A v B and Ors [2020] EWCOP 1 This article originally appeared in Issue 5 (May 2020). A mother was refused permission to apply for a full review of the arrangements for contact with her severely autistic son, on the basis that she could not show a “good arguable case”…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5

Court of Protection Issue 5

Applications Relating to Medical Treatment – A Practical Application

Sherwood Forest Hospitals NHS Foundation Trust [2020] EWCOP 5 This article originally appeared in Issue 5 (May 2020). “Mrs H” was a 71-year-old lady with a history of Bipolar Affective Disorder. She was also suffering from squamous cell carcinoma on her face, but for an extended period of time, she…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5best interests, mental capacity

Court of Protection Issue 5

Applications Relating to Medical Treatment – Guidance from the Vice-President of the Court of Protection

Applications Relating to Medical Treatment: Guidance Authorised by Justice Hayden, Vice President of the Court of Protection [2020] EWCOP 2 This article originally appeared in Issue 5 (May 2020). On 17 January 2020 the Vice President of the Court of Protection authorised the promulgation of guidance about when those involved…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5best interests, mental capacity

Court of Protection Issue 5

Capacity Assessment and Hunger Strike

This article originally appeared in Issue 5 (May 2020). QJ v A Local Authority [2020] EWCOP 3 The court decided that a further assessment of capacity was needed when an elderly man who was detained in a care home under Schedule A1 of the Mental Capacity Act 2005 expressed conflicting…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5mental capacity

Court of Protection Issue 5

Contingent Declarations and Caesarean Sections

Guys and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4 This article originally appeared in Issue 5 (May 2020). The Court of Protection made a contingent declaration allowing for a caesarean section to take place in the event of a patient losing capacity in the midst of labour. …

By Matthew Flinn May 1, 2020Court of Protection, Issue 5mental capacity

Court of Protection Issue 5

Application to Discharge a Nursing Care Home Resident

AG v AM [2019] EWCOP 59 This article originally appeared in Issue 5 (May 2020). The court considered an application by the wife of a man with substantial and complex care needs to for him to be discharged from a specialist nursing facility in order to live and receive care…

By Matthew Flinn May 1, 2020Court of Protection, Issue 5best interests, mental capacity

Clinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…

By Rajkiran Barhey May 1, 2020Clinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, Regulatoryin brief