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News & views

New case alert:  Re AG [2015] EWCOP 78

30/11/2015

 
Appeal by the mother of the Patient against an order considering the welfare arrangements of her daughter who was considered to lack capacity. Appeal dismissed.

​Read the full text of the judgment on Bailii

New case alert:  Re AS [2015] EWHC 79 (COP)

30/11/2015

 
Application by the Patient's friend and neighbour to be appointed as P's deputy for property and affairs in place of the existing deputy, the London Borough of Islington. Application dismissed.

Read the full text of the judgment on Bailii

New case alert: Re N [2015] EWCOP 76

20/11/2015

 
Application made pursuant to s.15 of the Mental Capacity Act 2005 (MCA) for a declaration determining whether it is in the best interests of the P to receive life sustaining treatment by means of Clinically Assisted Nutrition and Hydration (CANH) currently provided through a percutaneous endoscopic gastrostomy (PEG) tube.

Read the full text of the judgment on Bailii

New case alert: Re HNL [2015] EWCOP 77

20/11/2015

 
Application regarding the payment of a care allowance towards the cost of maintenance of a close relative, who provides care and case management services to someone who is severely incapacitated.
​
Read the full text of the judgment on Bailii

Pilot scheme announced to widen  public access to Court of Protection hearings

19/11/2015

 
The press and the public may soon have greater access to Court of Protection hearings following the announcement of a pilot scheme to run from January 2016.

The pilot will effectively change the default position to one where hearings are held in public, allowing members of the media or public to attend, unless there is a court order in place to the contrary (as is the case with medical treatment cases at present)

The scheme will involve the court making, as standard (but with the possibility of making a different order if that is appropriate in a particular case), an order allowing for a public hearing but imposing restrictions on identifying in any report or other publication the person who is the subject of proceedings (known as ‘P’).

It is proposed that the pilot should run in all regions of England and Wales, from January 2016 and for at least six months (with the possibility of extension) to allow for the changes to be fully tested.

You can read more on this, together with the draft standard order and accompanying Practice Direction on the Judiciary website here.
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