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Hywel Dda University Health Board v P & Anor [2024] EWCOP 70 (T3)

10/12/2024

 
Judgment concerning P and whether she should be removed from her family home for assessment

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AB v HB & Anor [2021] EWCOP 45

27/7/2021

 
​Application for the committal of one of the P's sons because of his breach of seven court orders. No custodial sentence or fine was imposed.

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A Local Authority v GP (Capacity - Care, Support and Education) [2020] EWCOP 56

17/11/2020

 
This hearing was listed to determine whether the P was able to make a capacitous decision to accept or refuse care, support and education.

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SB (capacity assessment) [2020] EWCOP 43

17/9/2020

 
Application by the OS discharging a previous order for the instruction of a third independent expert psychiatrist, to assess the P’s capacity to make decisions about contact with other people. The court made the order sought.

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Manchester City Council Legal Services v LC & Anor [2018] EWCOP 30

7/11/2018

 
​The court agreed that a female clinical psychologist should work with the P in regard to her bad decision-making in relation to sexual partners.
The court, in previous proceedings, determined that the P lacked capacity to; conduct the proceedings; make decisions on her contact with men; make decisions about care and residence; make decisions as to whether to enter or terminate a tenancy; decide whether or not she should access mobile phones or social networking sites. She went on to get married and her husband, on his application, was now a party to the proceedings. A number of men had taken advantage of the P after a plan was proposed such that she could have unsupervised contact with men. At the date of this hearing the P was living in a residential unit with other women.

The court gave permission for a report by a female clinical psychologist to be prepared, to address the issues concerning the P's bad decision-making in relation to sexual activity, with a view to a hearing before the same judge in January 2019.

Read the full text of the judgment on Bailii

​London Borough of Brent v NB [2017] EWCOP 34

2/2/2018

 
Judgment considering whether it was in the best interests of P, a 22 year old with dyskinetic tetraplegic cerebral palsy, to undertake a 12 week period of intensive support and assessment at a rehabilitation centre. P’s capacity to make that decision was in issue but he had expressed a wish not to attend.

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DMM (Alzheimer's : marriage : power of attorney ) [2017] EWCOP 33

22/1/2018

 
In a previous judgment in which the court concluded there is a requirement that the person should be able to understand, retain, use and weigh information as to the reasonably foreseeable financial consequences of a marriage, including that the marriage would automatically revoke the person's will, the court ruled that the P had capacity to consent to marry his long term partner.

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DMM (Alzheimer's : power of attorney) [2017] EWCOP 32

22/1/2018

 
​​Does the fact that a second marriage would revoke an existing will be information that a person should be able to understand, retain, use and weigh to have capacity to marry? The court concluded that it was.

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Southwark, (The London Borough of) v KA (Capacity to Marry) [2016] EWCOP 20

12/4/2016

 
This case concerns a P, where the court was asked to make declarations that the P lacks capacity to make decisions as to:
  • Litigation;
  • Personal care and welfare;
  • Sexual relations;
  • Marry.

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Re N [2015] EWCOP 76

7/12/2015

 
​This case concerns an application by the daughter of the Patient (‘P’) under section 15 of the Mental Capacity Act 2005 (‘the Act’) for a declaration to determine whether it was in P's best interests to continue to receive life-sustaining treatment, by way of Clinically Assisted Nutrition and Hydration (‘CANH’) through a percutaneous endoscopic gastronomy (‘PEG’) tube.

P’s daughter brought the application as she strongly believed that the continuation of treatment was contrary to P’s best interests.

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