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The final say

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).
June 19, 2025
The final say

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Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Families refusing access to support

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LGL Red line
May 22, 2025

Disability discrimination and proportionality in housing management

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.
May 21, 2025

Cross-border deprivation of liberty

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.

Features

LGL Red line

Disability discrimination and proportionality in housing management

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.
May 22, 2025
Disability discrimination and proportionality in housing management

Cross-border deprivation of liberty

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.
May 21, 2025
Cross-border deprivation of liberty

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High Court guidance on Article 3 engagement in care at home cases

David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.

Issuing proceedings in best interests cases

Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.

What is the right approach to Care Act assessments?

The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.

Capacity, insight and professional cultures

Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.

Setting care home fees

The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.

“On a DoLS”

Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.

It’s all about the care plan

A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.

Mental capacity and expert evidence

The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.

Fluctuating capacity, the “longitudinal approach” and practical dilemmas

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.

Capacity and civil proceedings

Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.

Court of Protection case update: October 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.

Commissioning care and support in Wales: new code of practice

The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.

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