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News relating to: Mental health and capacity

Multi-agency cooperation and complex care needs agreed

Case report: [2021] EWCOP 21. As more agencies get involved in a vulnerable person’s care and living arrangements, it can be harder to navigate the fine line between them to reach a solution.  Rachel Turner, who is joint head of our mental health ...

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12.08.2021

Rachel Turner, Miles & Partners Solicitors, London

Court of Protection confirms right to refuse proposed inpatient treatment

Case report: A Mental Health Trust v ER & Anor [2021] EWCOP 32 (30 April 2021). Mrs Justice Lieven confirmed that it was not in the best interests of our client to ‘be forced to accept treatment … she does ...

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10.05.2021

Court of Protection gives former refugee the right to refuse nutrition treatment

Case report: [2020] EWCOP 37. Avon and Wiltshire Mental Health Partnership and North Bristol NHS Trust v WA and DT A young man who has been refusing food and drink, in protest at the Home Office’s change to his date ...

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17.08.2020

An image of Floyd Porter, mental health and capacity lawyer

At liberty to cruise

Floyd Porter achieved a successful outcome when he acted for Norman Davies against a local authority which resorted to deprivation of liberty safeguards (DOLS) to prevent Norman’s partner Peggy Ross from joining him on a cruise they had planned together. ...

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30.04.2015

Sex and mental capacity – choice must be freely exercised by both parties

Case ref: [2014] EWCOP 53 When a mother with learning difficulties and her four children were taken into the care of the State, the case came before the Court of Protection to decide issues of residence, care and contact with ...

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20.12.2014

Recent judgment sets important precedent for informal mental health patients

Rabone and another (Appellants) v Pennine Care NHS Foundation Trust (Respondent) Judgment was given on the case of Rabone and another v Pennine Care NHS Foundation [2012] UKSC 2 in the Supreme Court on 8 February 2012. Overturning the decision ...

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29.05.2012

An image of Rachel Turner, Mental Health and Capacity lawyer at Miles & Partners in London

Duty to consult relative

GP v Derby City Council (2012) EWHC 1451 (Admin), (2012) MHLO 58 Rachel Turner represented GP in a successful application for a writ of habeas corpus. GP claimed that he had been unlawfully detained when the approved mental health professional ...

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28.05.2012

An image of Rachel Turner, Mental Health and Capacity lawyer at Miles & Partners in London

Deprivation of liberty after unlawful detainment

Milton Keynes Council v RR & Ors [2014] EWCOP B19 Rachel Turner represented RR, an 81 year old woman with vascular dementia, in a Court of Protection case concerning her removal from home to residential accommodation. After a number of ...

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29.11.2011

An image of Floyd Porter, mental health and capacity lawyer

Local Authority successfully challenged

Miles & Partners Associate Floyd Porter recently acted for Norman Davies before the Court of Protection in the matter of the County Council of the City and Council of Cardiff and Peggy Elizabeth Ross (by her litigation friend the Official ...

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18.11.2011