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Cases

The London Borough of Tower Hamlets v TB & Anor [2014] EWCOP 5

30/1/2015

 
This case concerns 41 year old woman of Bangladeshi origin who married in 1999/2000 and had 4 children- all of whom were removed from her and husband’s ( SA) care following public law children proceedings, with care plans of permanent removal .The woman – TB was assessed as having a Moderate Learning Disability with cognitive functioning of a 4- 8 year old. The husband then in accordance with Islamic law married his first cousin and had a child for whom there remained extant immigration issues.

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An NHS Trust v The Patient [2014] EWCOP 54

30/1/2015

 
The Facts
The Patient (“P”) was a 65 year old man. P has had lack of capacity throughout his life. P has learning difficulties and has autism.

For the last 40 years P has lived in a care home; he often spent two weeks at a time with his sister.

In the summer of 2014 P’s carers noticed a lump in the area of his right breast. He has been examined by doctors several time, they conclude that the lump is cancerous. P has not wanted surgery and therefore the diagnosis cannot be put beyond doubt until a biopsy is done.

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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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