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Families refusing access to support
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Producing robust capacity assessments and the approaches to assessing capacity

Disability discrimination and proportionality in housing management

Cross-border deprivation of liberty

Dealing with unexplained deaths and inquests

Court of Protection case update: May 2025
Features


Producing robust capacity assessments and the approaches to assessing capacity

Disability discrimination and proportionality in housing management

Cross-border deprivation of liberty

Dealing with unexplained deaths and inquests

Court of Protection case update: May 2025
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Provision of same-sex intimate care
Court of Protection case update: April 2025
High Court guidance on Article 3 engagement in care at home cases
‘Stitch’, capacity and complexity
Issuing proceedings in best interests cases
Court of Protection case law update: March 2025
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
What is the right approach to Care Act assessments?
Disabled people in immigration bail: the duties of the Home Office and local authorities
Capacity, insight and professional cultures
Court of Protection update: February 2025
Setting care home fees
Could this be the end for local authority-provided residential care?
“On a DoLS”
It’s all about the care plan
Court of Protection case update: January 2025
Mental capacity and expert evidence
Best interests, wishes and feelings
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Court of Protection Update - December 2024
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
Capacity and civil proceedings
Recovering adult social care charges via insolvency administration orders
Court of Protection case update: October 2024
Communication with protected parties in legal proceedings
The way forward for CQC – something old, something new….
The Ombudsman, DoLS and triaging – asking the impossible?
Outsourcing and the Human Rights Act 1998 – the consequences
Commissioning care and support in Wales: new code of practice

The final say
- Details
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).

Producing robust capacity assessments and the approaches to assessing capacity
- Details
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.

Disability discrimination and proportionality in housing management
- Details
The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case.

Cross-border deprivation of liberty
- Details
A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.

Dealing with unexplained deaths and inquests
- Details
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.

Court of Protection case update: May 2025
- Details
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
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