Application brought on behalf of the Patient by way of a challenge to a Standard Authorisation authorising the deprivation of his liberty at a care home for six months expiring on 2nd August 2017. The application was dismissed.
Application by NHS Trust for permission to undertake invasive, investigative procedures to diagnose whether the patient had cancer and, if necessary, urgent keyhole surgery on a patient who it was agreed lacked capacity.
The patient was in her 60’s and suffers from chronic paranoid schizophrenia. Hayden J allowed the application, partly because the patient had shown resilience in the past, the mental distress caused would be transitory and the treatment, if required, had a good chance of success. Rejecting the evidence of one of the experts involved he concluded that her “premise of a shorter life of better quality as against a longer life of pain and distress is, with respect to her, too absolute”.
He also reminded himself at  that under the framework of the Mental Capacity Act 2005, there is no constraint on the factors the court should take in to account when considering best interests.
Read the judgment on Bailii.
This case involves 17 electronic applications made by the Public Guardian for Lasting Powers of Attorney to be severed.
Applications for the Patient not to fast during Ramadan and to have his axillary and pubic hair trimmed in accordance with Islamic cultural and religious practice. First application allowed, second application dismissed.
Appeal against the making of a statutory will which divided the Patient's estate between the two sons in the ratio 25:75. The appeal was allowed.
An application by a medical Trust seeking a declaration that it would be in a patient's best interests not to undergo treatment but rather to be provided with palliative care only.
The patient, R, suffers from chronic paranoid schizophrenia and been diagnosed with an incurable brain tumour. It was uncontested that he lacks capacity to conduct the proceedings or to make medical decisions about the medical treatment for his brain tumour by reason of the disturbance in the function of his mind or brain.
In this judgment, Baker J sets out the relevant principles from the MCA 2005 and the Code of Practice and, following the decision in Aintree, agrees to make the declaration as requested.
Read the full judgment on Bailii.
Whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (“the Convention”), it is necessary for a welfare order to be made by the Court of Protection (“the CoP”) pursuant to the Mental Capacity Act 2005 (“the MCA”) in a case where an individual, who lacks the capacity to make decisions about where to live and the regime of care, treatment and support that he should receive, is to be given such care, treatment and support entirely by private sector providers in private accommodation in circumstances which, objectively, are a deprivation of his liberty within the meaning of Article 5(1) of the Convention (“Article 5(1)”).
An application for committal for the failure of Ms K to comply with paragraph 7 of the order of Baker J 20th June 2016.
Contempt proceedings were issued by the applicant
Mr Justice Jackson granted permission for an urgent operation to be performed on HN at an out of hours hearing.
Senior Judge Lush heard the appeal against an order authorising the applicant to execute a statutory will without the obligation to serve papers on someone who is entitled to a half share of the estate.
Case summaries, prepared by our site editors, of every Court of Protection & other relevant decisions with links to the full judgment where available.
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