Court of Protection Hub
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site

Cases

Re D (deprivation of liberty declaration) [2016] EWFC B31

18/5/2016

 
Care proceedings brought by a local authority in relation to X, a boy of 10, and also an application to authorise them to deprive X of his liberty by accommodating him in Y Home.

It was acknowledged by all that if X was to remain at Y Home there would need to be a declaration in the High Court authorising the Local Authority to deprive X of his liberty as far as was necessary to keep him there. The Local Authority would be authorised to deprive X of his liberty but do not need to do so if it is not in their view necessary (a permissive order).

Whether the court should grant the Local Authority leave to invoke the inherent jurisdiction.  Keehan J has considered this point in AB (A Child: Deprivation of Liberty) [2015] EWHC 3125 (Fam)  where he sets out therein why section 25 of the Children Act 1989 is not an appropriate way of dealing with such cases. 

Read More

Re O (Withdrawal of Medical Treatment) [2016] EWCOP 24

13/5/2016

 
The Trust made an application  in relation to the Patient, O, seeking an application that their staff might lawfully withdraw and withhold mechanical ventilation and, further, that they might lawfully withhold any escalation of treatment such as cardiopulmonary resuscitation, organ support and antibiotics. The application was made on the basis that such treatment was, in their evaluation, no longer in O's best interests.

Despite the compelling, entirely unanimous and substantial body of medical opinion that has now been gathered the court found that the family were unable to let O die.
​
The Courts must not pursue the principle of respect for life to the point where life has become empty of real content or to a degree where the principle eclipses or overwhelms other competing rights of the patient i.e. in this case simple respect for her dignity. 

​Paragraph 28 of the Mental Capacity Act Code of Practice which addresses life-sustaining treatment was considered.

Read More
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Fact Finding
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Property
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination
    Travel

    Archives

    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015



Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site