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I have recently started working as a graduate paralegal in the Court of Protection team at Stephensons following the completion of my law degree. Whilst doing my degree, I worked part time as a Mental Health Care Assistant, providing support to...
What is a Rule 1.2 Representative and why are they important? The role of a Rule 1.2 Representative is often undertaken by Independent Advocates, or by a friend or family member of the individual concerned. A Rule 1.2 Representative is appointed when the...
Re HC [2024] EWCOP 24 arguably represents a further development in the judicial thinking regarding deprivations of liberty that is moving away from the decision in Cheshire West . It concerned the residence and care arrangements for a 27-year-old...
Legally speaking, the judgment in King’s College Hospital NHS Foundation Trust v South London and Maudsley NHS Foundation Trust & Anor [2024] EWCOP 20 (‘ King’s College’ ), given by Ms Justice Henke on 10 th April 2024, has no...
The recent case of TA v The Public Guardian [2023] EWCOP 63 , concerned a 92-year-old lady (‘KA’ and the protected person ‘P’) who resided in a care home and had three children, including TA (the appellant). In 2019, KA executed...
The recently published X NHS Foundation Trust v RH [2024] EWCOP 150 judgment concerned an application by an NHS Trust (‘the Trust’) for declarations that it was in RH’s best interests to receive urological surgery under general...
In a recently published judgment, the Court of Protection considered the question of how a property and affairs deputy should approach the issue of whether to inform P of the value of their civil litigation settlement. PSG TC Ltd v CK & Anor [2024]...
The recently published Manchester University NHS FT v Y [2023] EWCOP 51 judgment concerned an application to determine whether Y had capacity to consent to surgery to his shoulder and, if he lacked capacity, whether the proposed surgery was in his best...
Judgment in Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1 was handed-down by the Supreme Court (‘the court’) on 11 January 2024, marking its first judgment of the year. The issue before the court was whether an individual...
The Department for Health and Social Care (‘DHSC’) has laid before Parliament the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 (‘the regulations’) regarding visiting in care homes and hospitals...