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News & resources

News relating to: Mental health and capacity

Court of Protection rules on the use of the inherent jurisdiction

Case report: RK, Re (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 (18 August 2023) Rachel Turner, who was instructed by the Official Solicitor, acted for R in these proceedings which concerned: 1. R’s capacity to make decisions about contact with ...

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A move to supported living in Sussex (even during Covid-19)

In April 2020, as the second wave of Covid-19 pandemic had much of the country in lockdown, Kaileigh Hazeldine helped a man relocate to less restrictive accommodation in Sussex. The man was 69 years old, with a diagnosis of bipolar ...

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Facilitating a contact plan between adults with learning and mental health difficulties

Kaileigh Hazeldine supported a gentleman through several local authority proceedings in regard to agreeing a contact plan with his partner of more than 30 years. She has paranoid schizophrenia and learning difficulties and after a hospital admission required a long-term ...

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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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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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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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An image of green, grassy fields with the sunset and hills in the distance

Community care and moving on after mental health problems

Feeling good in your own home is an important element of anyone’s wellbeing, and this is particularly important when recovering from a mental health condition. Andrew Bowmer and Jasper Blumenthal from our community care team recently helped a lady to obtain suitable ...

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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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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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