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Court of Protection Blog

Our Court of Protection solicitors egularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

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New guidance on the streamlined procedure for the deprivation of liberty of 16 and 17 year olds

Sophie Maloney
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In the case of Bolton Council v KL [2022] EWCOP 24   Her Honour Judge Hilder provided guidance on when the streamlined procedure to authorise a deprivation of liberty may not be appropriate. The streamlined procedure enables the Court of...

Free training sessions for advocates - Court of Protection

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Stephensons’ specialist Court of Protection and community care team are available to deliver training either at your premises, at our offices in Wigan, or virtually over Microsoft Teams. Examples of topics we can cover with you include: ...

The "magnetic" factor - family contact vs the need for consistent communication with care home staff and other residents

Megan Taylor
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The recent case of K v N Council [2022] MHLO1 (COP) concerned the residence and care arrangements of a Polish National, ‘K’.  K is an 89-year-old lady who has a diagnosis of dementia and schizophrenia. She is also registered deaf and...

Anorexia and the refusal of clinically assisted nutrition and hydration - a case law example

Sophie Holmes
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The recent case of A Mental Health Trust v BG [2022] EWCOP 26 concerned a 19-year-old woman (BG) with a primary diagnosis of anorexia nervosa, and the decision to withdraw clinically assisted nutrition and hydration (CANH). From an early age, BG had...

Capacity to decide to engage in sexual relations - a case law example

Jessica Hobro
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The recent case of Hull City Council v KF [2022] EWCOP 33 concerned KF, a 34-year-old woman with a condition of agenesis of the corpus callosum which causes her to have a moderate learning disability. KF’s condition has an impact on her capacity to...

CQC fines NHS Trust for failures around consent

Sophie Maloney
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The Care Quality Commission (CQC) has recently issued two fixed penalty notices to University Hospitals Birmingham NHS Foundation Trust totalling £8,000. Their investigation relates to the failure to seek consent to care for and treat a patient in...

Court Of Protection case study - National Schizophrenia Awareness Day

Amy Dutton
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It is National Schizophrenia Awareness Day on 25th July 2022. National Schizophrenia Awareness Day is hosted by the charity Rethink Mental Illness and aims to illustrate the challenges faced by people living with a diagnosis of schizophrenia in the UK....

Case law - the covid-19 vaccination and best interests

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North Yorkshire Clinical Commissioning Group v E (Covid Vaccination) [2022] EWCOP) This recent Court of Protection case concerned E, a man in his mid-60s with a diagnosis of moderate to severe learning disability. North Yorkshire CCG applied to the...

Capacity, consent and sexual relations in the Court of Protection

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The case of A Local Authority v JB (by his litigation friend, the Official Solicitor) [2021] UKSC 52, concerned JB a 38-year-old man with a diagnosis of autistic spectrum disorder with impaired cognition, who wanted to pursue his desire to have...

Covert medication and deprivation of liberty

Megan Taylor
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Covert medications are medications that are administered to a person without his/her knowledge or consent, often in a disguised form, such as food or drink. Following the NICE guidelines, if there are concerns about the person’s ability to give...

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