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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

Wishes and feelings in the balance
- Details
Barristers at 39 Essex Chambers analyse the outcome of a s.21A MCA application and contested hearing of whether it was in the best interests of MA, a 90-year-old woman with a diagnosis of dementia residing in a care home, to have a trial return to her home with a package of care.

Health and social needs and EHCPs
- Details
The Upper Tribunal has, for the first time, provided detailed guidance as to the approach the First-tier Tribunal (Special Educational Needs and Disability) (“the FtT”) should take when considering whether to make recommendations as to health and social care needs/provision in Education, Health and Care Plans (“EHC Plans”). Mark Greaves looks at the key points.

A delicate balance
- Details
When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance, writes Sarah Hutchinson.

Capacity, presumptions and catastrophe
- Details
Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.

Capacity and converging areas of decision-making
- Details
A council recently won an appeal over a ruling on whether a 20-year-old man had capacity in certain areas. Lucinda France-Hayhurst analyses the judgment.

Interim declarations in the Court of Protection: a new approach
- Details
Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection.
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