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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

Capacity, autonomy and the limits of the obligation to secure life
- Details
Alex Ruck Keene KC (Hon) examines an important, but curious, case about the limits of the duties imposed by Article 2 ECHR on public bodies to seek to secure the life of individuals in the community.

Making final determinations in the Court of Protection
- Details
Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.

Lieven J puts the (Cheshire West) cat amongst the pigeons
- Details
A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.

Overseas travel for adults lacking capacity
- Details
What is in the best interests of a person with learning disabilities and lacking mental capacity when planning foreign travel? Gemma Eason and Emma Bergin analyse a recent Court of Appeal ruling.

The Public Guardian and applications to revoke lasting powers of attorney
- Details
The Office of the Public Guardian was recently ordered to pay costs after the dismissal of its application to the Court of Protection to revoke lasting powers of attorney. Christine Cooper explains why.

Vulnerable adults and non-recognition of marriage
- Details
Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.
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