These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.
Applications to reconsider capacity rulings in relation to the P, particularly in relation to sexual relations and contraception and to review the best interests provisions in the light of any change that the court may make to the declarations.
Application by the P's Deputy for Property and Affairs for a declaration that the P did not have capacity to marry. The application was dismissed.
The property and affairs deputy for the P was seeking authority for buccal cell samples to be taken from the P for the purposes of DNA testing to establish whether or not he was the father of each or any of three individuals. The application was granted.
Application which had been made under the streamlined procedure set out in Part 2 of Practice Direction 11A for authorisation of deprivation of liberty was not the correct procedure in this case.
Application for the P to have fitted an intrauterine contraceptive device at the same time as she undergoes a caesarean section. The application was granted.
Application by the Hospital Trust that it was in the P's best interests to use all reasonable and proportionate measures, including physical restraint, to administer insulin to him. The court made the order sought.
The P suffers from type 1 diabetes and at the time of the application was an inpatient at the hospital following a deterioration in his physical health arising from his diagnosis. At this time the P was non-compliant with his medication regime which involved regular daily insulin injections to manage his condition. The application was made to be able to restrain the P if necessary, otherwise without medication he would die.
The court held that there was reason to believe that the P lacked capacity in relation to the issues concerning his treatment and considered that it was in his best interests that he be treated in accordance with the plan that has been laid out by the Trust. The court was also satisfied that it was necessary and proportionate, and in the P's best interests to make the order that reasonable restraint can be used in order to administer treatment.
Read the full text of the judgment on Bailii
The court agreed with the local authority who had adopted the decision and approach in not seeking to facilitate the P's contact with sex workers either here or abroad.
Several applications were brought by the PG where the common theme across these applications was the expression by the donor, in the Lasting Power of Attorney, of an intention that the appointed attorney use the donor's funds to benefit someone other than the donor.
The issue in this appeal was whether it is within the scope of parental responsibility to consent to living arrangements for a 16 or 17-year-old child which would otherwise amount to a deprivation of liberty within the meaning of article 5 of the European Convention of Human Rights (ECHR), in particular where the child lacks the mental capacity to make the decision for himself.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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