This is an application made by the Local Authority (‘LA’) for the court to determine the circumstances where a child (‘P’) aged 14 years who resides in a children’s home under an interim care order (‘ICO’), who, as the parties agree, is deprived of his liberty, can be deprived lawfully by the consent of the LA or whether the court will sanction the deprivation of liberty, and if so under what jurisdiction/power.
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The application was made by the hospital on 25th February 2015 to effectively withdraw clinically assisted nutrition and hydration from a patient (‘P’) who had been in a vegetative state for probably 8 years, but at least 5 years, and for the court to make the necessary declarations pursuant to section 15 of the Mental Capacity Act 2005 (‘the Act’).
An application by the Public Guardian to discharge two joint and several deputies for property and affairs on the basis that they have behaved in a way that has contravened their authority or is not in the father’s best interests.
The court on paper had made a revocation of a lasting power of attorney for property and affairs in respect of one of three attorneys on the basis that the Donor was incapable of revoking the appointment and the attorney had behaved in a way which contravened her authority and was not in the Donor’s best interests.
An application was made for the court to reconsider this decision pursuant to rule 89 of the Court of Protection Rules 2007. Teenage boy (“A”) detained under the Mental Health Act section 3. Application for orders and declarations from the Court of Protection depriving him of his liberty for the purposes of administering to him medical treatment to address his difficulties.
Is A an ineligible person under the Mental Capacity Act 2005 by virtue of his detention under the Mental Health Act? Answer, no as the Mental Health Act regime does not cover proposed medical procedures in this particular case. |
Case summaries & Editor's comments on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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