A two day hearing at the Supreme Court starts today to look at whether decisions to withdraw CANH should have to be referred to a court, where medical experts and family agree with that course of action. 

The appeal has been brought by the Official Solicitor against the High Court decision in NHS Trust v Y & Anor [2017] EWHC 2866 (QB) where Mrs Justice O'Farrell granted a declaration to that effect, though in narrower terms than those sought.

The question before the Supreme Court is whether it is 

"mandatory to bring before the court the withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") from a patient who has a prolonged disorder of consciousness ("PDOC"), in circumstances where the clinical team and the family are agreed that it is not in the patient's best interests that he continues to receive that treatment?"​

The facts of the case behind the appeal can be read on the Supreme Court website and the proceedings will be broadcast live on the same website here.

The House Commons Human Rights Committee has launched an inquiry into the reform of DoLS. They are looking into delays in implementing the Law Commission made proposals for reform made in March 2017 and note that 4 years on from the Cheshire West judgment nothing has changed.

Announcing the inquiry Harriet Harman, Chair of the Committee, said:

"This could affect your child, your brother or sister, your mother or father. The Committee wants to know -- does the system protect people's rights or is it working against them?" 

The Committee is issuing an open call for evidence from interested parties and would welcome written submissions by Friday 2 March on:  

• Whether the Law Commission’s proposals for Liberty Protection Safeguards strike the correct balance between adequate protection for human rights with the need for a scheme which is less bureaucratic and onerous than the Deprivation of Liberty Safeguards
• Whether the Government should proceed to implement the proposals for Liberty Protection Safeguards as a matter of urgency
• Whether a definition of deprivation of liberty for care and treatment should be debated by Parliament and set out in statute 

Submissions should be no more than 1,500 words.

You can read how to submit evidence on the Parliament website here

Claire Wills-Goldingham has written comments on 3 important cases published recently:

​PL v Sutton Clinical Commissioning Group & Anor [2017] EWCOP 22

KT & Ors [2018] EWCOP 1

NHS Trust v Y & Anor [2017] EWHC 2866 (QB)

The Ministry of Justice has announced the launch of its refund scheme for people who paid power of attorney registration fees between 1 st April 2013 and 31 st March 2017.

The move is necessary because, in the MoJ's words,

“During this period, the Office of the Public Guardian’s (OPG) operating costs came down as more people applied to register a power of attorney and the process became more efficient, but the application fee charged was not reduced in line with this.”

The refunds can be claimed online at a dedicated website and apply to any lasting powers of attorney (LPA) and enduring powers of attorney (EPA) made in England and Wales.

The amount of the refund depends on when the fees were paid as follows:. 

• April to September 2013: £54
• October 2013 to March 2014: £34
• April 2014 to March 2015: £37
• April 2015 to March 2016: £38
• April 2016 to March 2017: £45

Interest can be claimed added at 0.5% 

Claims for a refund can be lodged by:

• the ‘donor’ - the person who made the power of attorney
• an ‘attorney’ - appointed by the donor in an LPA or EPA

but the refund must be paid to the donor.

To find out more visit the website: https://www.gov.uk/power-of-attorney-refund