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News & views

New case alert: V v Associated Newspapers Ltd & Ors [2015] EWCOP 88

18/12/2015

 
A short judgment ordering that the RRO which was previously put in place would continue.

Read the full text of the judgment on Bailii

New case alert: V (Out of Hours: Reporting Restriction Order), Re (Rev 1) [2015] EWCOP 83

8/12/2015

 
A RRO was extended, out of hours, for a further 7 days following the death of the P (see Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80) to enable an effective inter partes hearing to take place.
​
Read the full text of the judgment on Bailii

New case alert: Re JW [2015] EWCOP 82

4/12/2015

 
This began as an application by a family member to be appointed as a joint deputy for property and affairs with the existing deputy, East Sussex County Council. When it became apparent that the Council was unwilling to act jointly with him, the applicant revised his application and asked the court to remove the Council as deputy and to appoint him in its place.

​Read the full text of the judgment on Bailii

Office of the Public Guardian publishes  safeguarding policy

4/12/2015

 
The Office of the Public Guardian has published it's safeguarding policy

The policy supports the Public Guardian’s role in safeguarding, and sets out how OPG will "work with other agencies to recognise and manage suspicions, allegations and findings of abuse of adults and children at risk, who are within the Public Guardian’s remit."

The policy is underpinned by six principles, identified as:
  1. Empowerment – putting people first and helping those who lack mental capacity feel involved and informed
  2. Protection – supporting victims so they can take action
  3. Prevention – responding quickly to suspected cases of abuse
  4. Proportionality – making sure what we do is appropriate to the situation and for the individual
  5. Partnership – sharing the right information in the right way
  6. Accountability – making sure all agencies have a clear role
It then goes on to outline the OPG policy and give guidance on issues such as spotting signs of financial abuse, the limits of its involvement and risk assessment.

The full document can be downloaded from the OPG site here.

New case alert: Kings College Hospital NHS Foundation Trust v C & Anor [2015] EWCOP 80

3/12/2015

 
The court ruled that the Patient had capacity to decide not to accept life sustaining treatment and the court had no jurisdiction to interfere with the decision making process. Accordingly, although rightly brought, the application of the Trust for declarations under the Mental Capacity Act 2005 were dismissed.

Read the full text of the judgment on Bailii
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