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Decision concerning whether expressed wishes to leave a placement could lead to a deprivation of liberty if not acted on
Clarification of whether the Court of Protection can appoint deputies with authority to manage Direct Payments payable under a range of schemes
Judgment concerning best interests and care plan for a 98 year old woman who had suffered a stroke.
Application by Trust to carry out life-saving surgery where the family opposed the procedure UJ, a 45-year-old man, suffered a severe traumatic brain injury after attempting suicide with a crossbow in April 2026. The resulting injuries have left him seriously ill and doctors considered that an operation would allow them to assess whether he could regain some quality of life. Without the surgery he would continue to decline and eventually die. Members of his family opposed the treatment largely as they felt prolonging life in these circumstances would accord with UJ's wishes as he was always active and independent. His mother, after initially agreeing with the doctors, also came to that conclusion.
Mrs Justice Theis weighed the sanctity of life against UJ's likely wishes. Although the surgery offered UJ's only chance of meaningful recovery, there was uncertainty as to what recovery would look like and how dependent UJ would be. Acknowledging this was a finely balanced decision, she gave considerable weight to the family's evidence that UJ would not want to live dependent and disabled so she refused the application. Read the judgment on Bailii University Hospitals of Derby and Burton NHS Foundation Trust & Anor v HH [2026] EWCOP 35 (T3)21/8/2026
Applications regarding capacity of HH to make decisions about obstetric care HH is 30 years old and at the time of the hearing 37 weeks pregnant. She has a diagnosis of paranoid schizophrenia and has been detained under s3 of the MHA since June 2026. The Trusts, one responsible for HH's medical care and the other for her mental health, were seeking declarations that HH lacks capacity to conduct proceedings and make decisions about her obstetric care. If capacity is lacking, then they were seeking further declarations that it is in her best interests to deliver the baby by elective caesarean section if necessary.
Theis J, the Vice President, after reviewing the medical evidence and the legal framework, agrees at [50] that HH lacks capacity and allows the applications. While acknowledging HH's wish to have a vaginal birth she states at [55] "where there is an immediate risk to HH, staff or others there may be no alternative but to proceed to a caesarean section under general anaesthetic" Read the judgment on Bailii Judgment concerning whether documents produced in the Court of Protection can be used in other proceedings
Best interests judgment concerning whether P should remain in a supported living placement which she moved to after her carer, her grandmother, had fallen ill.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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